NEW DELHI: The Supreme Court on Wednesday said that a woman's right to pray is equal to that of a man and it is not dependent on a law to enable you to do that.

The apex court made the observations while hearing on whether prohibiting the entry of women in Kerala's Sabarimala temple on grounds of biological factors was discriminatory and violative of the constitution. The constitution bench comprising Chief Justice Dipak Misra , Justice Rohinton Fali Nariman , Justice AM Khanwilkar, Justice DY Chandrachud and Justice Indu Malhotra was addressing four questions framed by a three-judge bench while referring the matter to a five-judge constitution bench on October 13, 2017.

"On what basis you (temple authorities) deny the entry. It is against the Constitutional mandate. Once you open it for the public, anybody can go," the Chief Justice of India observed.

Chief Justice Dipak Misra further added that if men can enter a temple then women can also go. "There is no concept of a private temple. If there is a temple then it is a public place and everyone be allowed to go there," he said.

The court also dismissed a third-party intervention in the case.

Senior advocate Indirani Jaisingh told the court that the practice, prohibiting women's entry inside the temple, is both "illegal" as well as "unconstitutional".

Later in the day, the Kerala government supported the entry of women inside the temple and added that Devasom board concurs with the state government's stand.

"State government's stand is that women should be allowed to offer prayers in Sabarimala Temple. We've filed an affidavit in SC explaining our stand. Now it has to take a decision. We're bound to obey its verdict. Devaswom board now have the same opinion as government," K Surendran, a minister in Kerala assembly said.

Following the state government's stand, Justice RF Nariman said that the government is "keeping pace with changing time".

The petitioner -- the Indian Young Lawyers Association -- has challenged the 800-year-old practice of prohibiting the entry of women into the famed Lord Ayyappan Temple.

The PIL has sought direction to the Kerala government, the Travancore Devaswom Board, Chief Thanthri (priest) of Sabarimala Temple and the District Magistrate of Pathanamthitta to ensure entry of female devotees between the age group of 10-50.

Yesterday, appearing for the petitioner, counsel Ravi Prakash Gupta told the court the restrictions on the entry of women in Sabarimala temple is not the essence of their religious affairs as discrimination on the entry of women in the temple is "neither a ritual nor a ceremony associated with Hindu religion".

Gupta said: "Mere sight of a woman does not affect anybody's celibacy if one has taken an oath of it, otherwise such oath has no meaning."

In the coming days, the court will hear arguments focusing on whether excluding women (in the age group of 10-50 years) constitutes an "essential religious practice" under Article 25, and "whether a religious institution can assert a claim in that regard under the umbrella of right to manage its own affairs in the matters of religion?

(With inputs from agencies)

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