Sabarimala: Will Thiruvananthapuram take another U-turn before the Supreme Court?

Kerala’s new Devaswom Minister, Kadakampally Surendran has been in office only for little more than a week. But the newly sworn in minister has already ruffled quite a few feathers with his remarks on the Sabarimala temple controversy..Surendran had remarked that the ban on women is unjust, creating an uproar and giving an impression that the government might change its stance again before Supreme Court..Subsequently, Surendran went for the salvage clarifying that the government will not rush to any decision but will wait for the Supreme Court judgment..“’The matter is now before the Supreme Court. Let the court take a decision and after that the Government will take a decision”, he is reported to have told journalists..Considering the Kerala government’s changing stance, the next hearing before the apex court could very well throw up some surprises..The Sabarimala controversy: An Introduction.In 2006, a petition challenging the entry ban on women in Sabarimala was filed by the Indian Young Lawyers Association in the Supreme Court. The LDF government was in power in Kerala when the case came up for hearing. In keeping with the ‘liberal’ and ‘rational’ stance that the Left claims to uphold, it had chosen not to oppose the petition and had filed an affidavit supporting the entry of women to the temple..The case was then referred to a 3-judge Bench and went into cold storage for nearly 8 years before it was finally listed for hearing in 2016..By then the UDF was in power in the State. However, various factors including a change in the political equations in the State made the Congress government re-think the stance of the government..It proceeded to file an affidavit changing it’s earlier stance. Claiming that the government had made a mistake in 2007 and had omitted to consider certain facts, the affidavit stated that women cannot be permitted in the temple since the practice flows from the temple deity’s celibacy vows..The government claimed that the practice is,.“an essential and integral part of the right of practice of religion of a devotee and comes under the protective guarantee of the Constitution under Articles 25 and 26 which have been held to contain guarantee for rituals, observances, ceremonies and modes of worship which are an integral part of religion.”.The dilemma for Left: It cannot stand and watch.However, what makes matters interesting is that the government of Kerala has not yet made its oral submissions in the case. The UDF government had engaged Senior Advocate V Giri to represent its case though he did not get a chance to make his submissions..It is at this crucial juncture that the statement of the Devaswom Minister assumes significance..Surendran has said that the government will wait for the decision of the Supreme Court. However, the fact remains that the government cannot simply wait for the decision, it has to make its stand clear before the Bench..Assuming that the LDF government does not change its stance and argues as per the affidavit submitted by the UDF government, the question would be ‘what if the Supreme Court upholds the validity of the Rules prohibiting women’. In such a scenario, would the new government subsequently, repeal the impugned Rules in a complete reversal of its arguments before the Supreme Court?.And if it does not do so, then what is the weightage that can be given to the Devaswom Minister’s statements?.The LDF government might either change its stance before the Supreme Court or if it does not, then pray that it loses the case and Supreme Court strikes down the Rules against what they argue in Court. This would be in consonance with the ideological stance they and the Minister project..However, if the Supreme Court accepts its submissions and uphold the Rules, then the LDF government and the Devaswom Minister will have to put on their thinking caps..Surendran, it appears, has clearly jumped the gun..The changing political equations in the State.Of course, the changing opinions has much to do with the political structure of the State, more specifically the rise of a third political alternative – the BJP..The UDF government, which had a very slim majority in the Assembly during its last tenure, relied heavily on the support of Muslim League MLAs for holding on to power. With allegations of gross minority appeasement, it was evident that it would drive out voters of Hindu community to the third fold..The stand taken by the UDF government in the case was arguably an attempt to avoid aggravating the majority community and thereby prevent electoral damage. The voting pattern in the Assembly elections, however, shows that it did not work, with the UDF losing a good share of the Hindu votes. It was the Left which was expected to suffer more with the rise of BJP but the election results have proved otherwise..The controversy surrounding entry of women in Sabarimala temple is listed for hearing in Supreme Court on June 29, immediately after the Court reopens..With Hindus slowly becoming a ‘vote bank’ in the State, it remains to be seen whether the ruling LDF will take a chance and change its stance. After all, Religion is the opium of the people!.Image courtesy:.Sabarimala.Kadakampally Surendran