BEFORE

THE HON’BLE SUPREME COURT OF BRAHMASTHAN

WRIT PETITION NO333 / OF 2019

UNDER ARTICLE 32

OF

THE CONSTITUTION OF INDIA

IN THE MATTER ARTICLE 14, 15(3), 17, 25 OF THE CONSTITUTION OF INDIA

(1) THE BRAHMASTHAN WOMEN RIGHTS ASSOCIATION

(PETITIONERS)

V.

(2) THE STATE OF RAJPUTRA AND ORS (RESPONDENT)

(MEMORIAL ON THE BEHALF OF RESPONDENT)

MOST RESPECTFULLY SUBMITTED BY COUNSEL APPEARING ON BEHALF OF THE

PETITIONER

HARSHIT DHEER

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Table of Contents

Index of authorities……………………………………………………....

Statement of jurisdiction…………………………………………………

Statement of facts………………………………………………………...

Arguments presented ……………………………………………………

Arguments advanced…………………………………………………….

o First issue…………………………………………………………

o Second issue………………………………………………...........

o Third issue………………………………………………………..

o Fourth issue……………………………………………………

Prayer……………………………………………………………………

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 Index of Authorities

Constitution

The Constitution of India, 1950

Statutes

The Indian Penal Code, 1860

Indian Evidence Act, 1872

Books

Black’s Law Dictionary, Bryan A.Garner (10th Edn. Eastern Book

Company 2014)

The Constitution Of India-With All Amendments Till 101th CAA,2016,

P.M.Bakshi(15th Edn. Universal Law Publishing 2017)

Constitutional Law Of India, Durga Das Basu (8th Edn. LexisNexis

Butterworths Wadhwa 2002)

Websites

www.manupatra.com
www.scconline.com
www.jtri.com

www.googlescholars.com
www.casemine.com

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 www.timesofindia.com
www.thehindu.com

www.indiankanoon.com

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 Statement of Jurisdiction

The Honorable supreme court of India has the jurisdiction in this matter under article 32
of the constitution of India, 1950.

Art. 32 Remedies for enforcement of rights conferred by this part

(1) The right to move the Supreme Court by appropriate proceedings for the
enforcement of the rights conferred by this Part is guaranteed.

(2) The Supreme Court shall have power to issue directions or orders or writs, including
writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and
certiorari, whichever may be appropriate, for the enforcement of any of the rights
conferred by this Part.

(3) Without prejudice to the powers conferred on the Supreme Court by clause ( 1 ) and
( 2 ), Parliament may by law empower any other court to exercise within the local
limits of its jurisdiction all or any of the powers exercisable by the Supreme Court
under clause ( 2 ).

(4) The right guaranteed by this article shall not be suspended except as otherwise
provided for by this Constitution

If the court deems it appropriate to proceed in this matter, we humbly accept your
jurisdiction

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Statement of Facts
1. The State of Rajputra, situated in the south western part of Brahmasthan is a highly populated
state with diverse mix of culture, tradition, religion and geographically covered with hills rivers lakes
and thick forests. There is a temple called 'The Satpura Kaliyugvardhan', a temple of great antiquity
situated in the north eastern part of Rajputra on the banks of river Satpura. The temple is also
considered as 'religious denomination' of its own. 'The Satpura Kaliyugvardhan' temple is renowned
for lakhs and lakhs of pilgrims reaching throughout the year to worship Lord Kalyugvardhan after
undergoing 51 days strict religious vows and penance which includes a daily visit to any temple in
their locality, wearing chain made of beeds of Rudraksh, sticking completely to vegetarian diet, and
following celibacy, teetotalism, controlling anger, and should not cut hair and nails and not using
any profanity. They must try their maximum to help others, and see everything around them as Lord
Kaliyugvardhan. They are expected to take bath twice a day and only wear plain black or brown
coloured traditional clothing . 'The Satpura Kaliyugvardhan' is usually considered a staunch celibate
god. There are 18-sacred steps that lead to the sanctum sanctorum. The temple has been
maintaining a strict rule of prohibiting women folks of specific age group from entering into the
temple. As per Hindu traditions and customs of Rajputra women aged between 10 and 50, that is
those who are in menstruating age, are barred from entering the 'The Satpura Kaliyugvardhan'
temple. The Hindu Community of Rajputra believes that if women of menstruating age visits 'The
Satpura Kaliyugvardhan' temple then it will destroy the sanctity of the diety. On the way to the 'The
Satpura Kaliyugvardhan' temple there is a police station where women devotees are restricted from
proceeding, and in case women manage to slip by, 'The Satpura Kaliyugvardhan temple's security
staff do not allow them to enter into the temple. 'The Brahmasthan Women's Rights Association'
approached the Supreme Court of Brahmasthan seeking a direction to allow entry of women into
'The Satpura Kaliyugvardhan' temple without age restrictions. It has also been claiming that the
present restriction on women's entry is a discrimination on the basis of sex and is a clear cut
violation of their fundamental rights enshrined under The Brahmasthan Constitution and thus right
to worship Diety of once choice is MOOT PROBLEM MOOT PROBLEM being violated here by the
Board. The Brahmasthan Women's Rights Association also contented in front of Supreme Court of
Brahmasthan that the discrimination which is prevailing in matters of entry into 'The Satpura
Kaliyugvardhan' temple was neither a ritual nor a ceremony associated with Hindu religion as
nowhere else in Brahmasthan other than 'The Satpura Kaliyugvardhan' one can see such restriction
which is totally anti-Hindu. . 'The Satpura Kaliyugvardhan' Temple's Management Board, which
maintains the temple, had replied that the ban was in accordance with centuries-old tradition. The
Board also contented that Lord Kaliyugvardhan being a staunch celibate God (one who has vowed to
remain celibate) and that it is not possible for women to put up with the days of celibacy like men.
Moreover, only those who had observed penance and followed the customs are eligible to enter
The Satpura Kaliyugvardhan' temple. 'The Satpura Kaliyugvardhan' temple Management Board thus
contended that the restriction is in accordance with a usage from time immemorial and not
discriminatory under The Brahmasthan Constitution. The Board also contended that according to
'The Satpura Kaliyugvardhan poojari'(pandit /priests/)these customs and usages had to be followed
for the welfare of the temple. The Board has pointed out in front of the Supreme court that there
are few rituals where The Satpura Kaliyugvardhan 'Temple poojari would perform a "purification
ceremony" at the 18-sacred steps that lead to the sanctum sanctorum, whenever the rules are
violated. The last ceremony took place in January 2010, after a 34-year-old woman almost climbed
18 steps which led to the 'sanctum sanctorum'. The Board also contended the right to restrict the

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entry of women folks, which are protected under the The Brahmasthan Constitution. 'The
Brahmasthan Women's Rights Association' pleaded before the court to uphold the right to equality
that is being guaranteed by the Constitution of Brahmasthan by allowing the entry of women of all
age groups into 'The Satpura Kaliyugvardhan' temple. 'The Brahmasthan Women's Rights
Association' also claimed that there are certain news feeds to prove that there were few instances
where woman having entered the sanctum sanctorum of 'The Satpura Kaliyugvardhan' temple with
the permission of 'The Satpura Kaliyugvardhan Temple's Management Board' The polity and
structures of Republic of Brahmasthan are parimateria to the Republic of India and the Constitution
of Brahmasthan 1950, is parimateria with the Constitution of India, 1950. Similarly the Rules and
Regulations and Legislations with respect to Maintenance and administration of temples, of State of
Rajputra are also in parimateria with State of Kerala. This moot problem has been formulated solely
for the purpose of competition for furthering the academic exercise

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 Questions Presented

1. Whether the petitioner and the subsequent interveners have the locus to
file the present Writ Petition?

2. Whether the practice of excluding such women 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
affairs in the matters of religion ?

3. Whether the said restriction imposed on the women and the children of
certain age amounts to violation of their Fundamental Rights as enshrined
in the constitution specifically violation of Articles 14,15(3) and 17 in light
of rule 3(b) of Rajputra Hindu Places of Public Worship (Authorization of
Entry) RULES ?

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 Summary of Arguments

1. Whether the petitioner and the subsequent interveners have the locus to
file the present Writ Petition?
It is humbly submitted before this honourable court that PIL is not maintainable and
the petitioner has no locus standi to file such a petition. In the instant case
appellants have alleged violation of fundamental rights the right to move the
supreme court under article 32 for violation of fundamental rights must be
based on a pleading that the petitioners personal rights to worship in this
temple have been violated the petitioners do not claim to be devotees of Lord
Kaliyugvardhan to determine the validity of long standing religious customs
and usage of a sect at the instance of an association intervenors who are
involved in social developmental activities especially activities related to the
upliftment of the women and helping them become aware of their rights would
require this court to decide religious questions at the behest of persons who do
not subscribe to faith this petition is not maintainable as it would open the
floodgates for interlopers to question all kinds of religious beliefs and practices
something that would even cause grave peril for religious minorities the right to
equality under article 14 in matter of religion and religious beliefs has to be
viewed differently it has to be adjudged among the worshippers of a particular
religion or shrine who are aggrieved by certain practices which are found to be
oppressive or pernicious

2. Whether the practice of excluding such women 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
affairs in the matters of religion ?

The Satpura kaliyug vardhan Temple is a prominent temple in Rajputra which

is visited by over million pilgrims and devotes every year. As per the centuries
old tradition of this temple and the beliefs and customs followed by this temple
womens in the age group of 10 to 50 years are not permitted to enter the
temple. Religious customs and practices cannot be solely tested on the
touchstone of Article 14 and the principle of rationality embedded. Equal
treatment under Article 25 is conditioned by the essential beliefs and practices
of any religion. Equally in matter of religion must be viewed in the contest of
the worshippers of the same faith.

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 3. Whether the said restriction imposed on the women and the children of
certain age amounts to violation of their Fundamental Rights as enshrined
in the constitution specifically violation of Articles 14,15(3) and 17 in light
of rule 3(b) of Rajputra Hindu Places of Public Worship (Authorization of
Entry) RULES ?

Religious customs and practices cannot be solely tested on the touchstone of Article
14 and the principle of rationality embedded therein. Article 25 specifically
provides the equal entitlement of every individual to freely practice their
religion. Equal treatment under Article 25 is conditioned by the essential beliefs
and practices of any religion. Equality in mattes of religion must be viewed in
the context of the worshippers of the same faith. Religious customs and
practices cannot be solely tested on the touchstone of Article 14 and the
principle of rationality embedded therein. Article 25 specifically provides the
equal entitlement of every individual to freely practice their religion. Equal
treatment under Article 25 is conditioned by the essential beliefs and practices
of any religion. Equality in mattes of religion must be viewed in the context of
the worshippers of the same faith.

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 Arguments Advanced

1. Whether the petitioner and the subsequent interveners have the locus to file the
present Writ Petition?

It is humbly submitted before this honourable court that PIL is not maintainable and
the petitioner has no locus standi to file such a petition. In the instant case
appellants have alleged violation of fundamental rights the right to move the
supreme court under article 32 for violation of fundamental rights must be
based on a pleading that the petitioners personal rights to worship in this
temple have been violated the petitioners do not claim to be devotees of Lord
Kaliyugvardhan to determine the validity of long standing religious customs
and usage of a sect at the instance of an association intervenors who are
involved in social developmental activities especially activities related to the
upliftment of the women and helping them become aware of their rights would
require this court to decide religious questions at the behest of persons who do
not subscribe to faith this petition is not maintainable as it would open the
floodgates for interlopers to question all kinds of religious beliefs and practices
something that would even cause grave peril for religious minorities the right to
equality under article 14 in matter of religion and religious beliefs has to be
viewed differently it has to be adjudged among the worshippers of a particular
religion or shrine who are aggrieved by certain practices which are found to be
oppressive or pernicious
Appellants contended that restricition on entry of women is violation of fundamental
rights and it needs court intervention let me be clear with this point this is not an
argument against the court intervening in religious practices on the touchstone
of equality and non discrimination quite the opposite when marginalized groups
within culture or religious challenges oppressive norms or practices move often
then they will need an external authority to support them in that struggle but
respondent contended that the claim must originate from the marginalized group
themselves an external authority cannot assume the mantle of speaking on their
behalf it would compel the Court to undertake judicial review under Article 14
to delineate the rationality of the religious beliefs or practises, which would be
outside the ken of the Courts. It is not for the courts to determine which of these
practises of a faith are to be struck down, except if they are pernicious,
oppressive, or a social evil, like Sati

Judicial review of religious practises ought not to be undertaken, as the Court

cannot impose its morality or rationality with respect to the form of worship of
a deity. Doing so would negate the freedom to practise one’s religion
according to one’s faith and beliefs. It would amount to rationalising religion,
faith and beliefs, which is outside the ken of Courts.

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Worship has two elements – the worshipper, and the worshipped. The right to worship under
Article 25 cannot be claimed in the absence of the deity in the particular form in which he has
manifested himself.

2. Whether the exclusionary practice which is based on the biological factor

exclusive to the female gender amounts to discrimination and thereby violates
the case of Article14 , 15 and 17 and not protected by morality as used in Article
25 and26 of the constitution?

The Satpura kaliyug vardhan Temple dedicated to lord is a prominent temple in Rajputra
which is visited by millions pilgrims and devotes every year. As per the centuries old
tradition of this temple and the “acharas” beliefs and customs followed by the temple
women in the age group of 10 to 50 years are not permitted to enter this temple.

● The 51 day “ Vratham ” is a centuries old custom and practice undertaken by

the prilgrim. The object of this Vratham is to discipline and train the devoted
for the evolution of the spiritual consciousness leading to self-realization.
Before embarking on the pilgrimage to this shrine a key essential of the “
Vratham “ is the observance of a Sathvic lifestyle so as to keep the body and
mind pure.
● When a pilgrim undertakes the Vratham pilgrim separated himself from the
women folk in the house including his wife, daughter or the other female
members in family.
● This practice started in hoary antiquity and continued since time immemorial
without interruption becomes usage and custom. Reliance in this regards was
placed on the “JudgementsEwanlangki-E-Ryumbus V.Jaintia HillsCiuncit&
Ors10”, “Bhimashya& ORs V. Janabi Alia Janawwa”“ SalephChand V
SatyaCrupter&Ors”.
● The custom and usage of restricting the entry of women in the age group of 10
to 50 years is Pre-Constitutional. As per Article “13(3)(A) of the constitution
Law” includes custom or usage and would have the force of law.

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 ● The Characteristics and elements of a valid custom are that it must be of
immemorial existence it must be reasonable, certain and continuous. The
custom and usage, religious beliefs as mentioned above are peculiar and have
admittedly been followed since centuries.
● The exclusion of women in this temple is not absolute or universal. It is
limited to particular age group in one particular temple. Women outside the
age group of 10 to 50 years are entitled to worship at the temple. It was further
submitted that the objection to this custom in not being raised by the
worshipper but by the social activists.
● With respect to the contention that the custom is violative of women’s right to
gender equality. Respondent contends that if women as a class were prohibited
from participation it would amount to social discrimination. However, this is
not so in the present case.
● Religion is a matter of Faith. Religious beliefs are held to be sacred by those
who have faith. In the case of Sri VenkataramanaDevaruors V. State of
Mysore.
● Religion doesn’t merely lay down a code of ethical rule for its followers to
accept but also includes rituals and observance ceremonies and modes of
worship which are regarded as integral parts of the religion.
● Article 25(2) Declares that nothing in Article 25(1) shall prevent the state
from making any law prevailing for social welfare and reform on the throwing
open of Hindu religion institutions of a public characters to all classes and
sections of Hindus. The throwing open to all classes and sections of “Hindu”
was intended to redress Caste-based prejudices and injustice in society. Article
25(2)(b) cannot be interpreted to mean that customs and usages forming an
essential part of the religion are to be overridden. Article 25(2)(b) would have
no application since there is no ban but only a limited restriction during the
notified period based on faith, custom and belief which has been observed
since time immemorial.
● The Respondent submitted that the plea of the petitioners with the reference to
Article 27 was wholly misconceived. The object and case of Article 17 was to
prohibit untouchability based on caste in the hindu religion. The custom
practiced by the devotes do not flow from any practice by associated with

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 untouchability under Article 17. The custom is not based on any alleged
impurity or disability.
● Article 25 of the constitution generates to all persons the freedom of
conscience, and the right freely to profess, practice and propagate
religion.This is however subject to public order, morality and health and to
other provisions of Part-III of the constitution.
● Article 25(1) confers on every individual the right freely to profess, practice
and propagate his or her religion. If a person claims to have faith in a certain
deity. The same has to be articulated in accordance with the tenets of that
faith.
● The right to practice one’s religion is a fundamental right guaranteed by part
III of the constitution without reference to whether religion or religious
practices are rational or not. Religious practices are constitutionally protected
under Article 25 and 26(b). Courts normally do not dwelve into issues of
religious practices especially in the absence of an aggrieved person from that
particular religion faith or sect.
● In the Muller of Nusenburg V. Superintendent Presidency Jail Calcutta &ors .
This court held that a person can impugn a particular law under Article 32
only if he is aggrieved by it.
● Religion does not merely lay down a code of ethical rules for its followers to
accept but also includes rituals and observances ceremonies and modes of
worship which are regarded as integral parts of the religion.
● The words religious denomination in Article 26 of the constitution must take
their colour from the word religion.

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 ● A religion can lay down a code of ethics and also prescribe rituals,
observances ceremonies and modes of worship. These observances and rituals
are also regarded as as integral part of religion. If the tenets of a religion lay
down that certain ceremonies are to be performed at certain times in a
particular manner those ceremonies are matter of religion and are to be
protected as a religious belief. A restriction on the entry of women’s between
the ages to 10 to 50 years was in accordance with the practice. Prevalent since
time immemorial and was not violative of Article 15, 25 and 26 of the
Constitution.

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 3.Whether the said restriction imposed on the women and the
children of certain age amounts to violation of their Fundamental Rights as
enshrined in the constitution specifically violation of Articles 14,15(3) and 17
in light of rule 3(b) of Rajputra Hindu Places of Public Worship
(Authorization of Entry) RULES ?

Religious customs and practices cannot be solely tested on the touchstone of Article
14 and the principle of rationality embedded therein. Article 25 specifically provides
the equal entitlement of every individual to freely practice their religion. Equal
treatment under Article 25 is conditioned by the essential beliefs and practices of any
religion. Equality in mattes of religion must be viewed in the context of the
worshippers of the same faith.
● The twin test for determining the validity of a classification under Article 14
is :-
1) The classification must be founded on an intelligible differential and,
2) It must have a rational nexus with the object sought to be achieved by
the impugned law.

● The submissions made by the counsel for the petitioner is premised on the
view that this practice constitutes gender discrimination against women. On
the other hand respondents submit that the present case deal with the rights of
devotees of the denomination or sect, as the case may be to practice their
religion in accordance with the tenets and beliefs which are considered to be
the essential religious practices or their shrine.

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 ● The petitioners have contended the age group to 10 to 50 years is arbitrary and
cannot stand the rigorous of Article 14. This submission cannot be accepted
since the prescription of this age band is the only practical way of ensuring
that the limited restriction on the entry of women is adhered to be protected
against the religious beliefs
● The matters concerning religion and religious practices under our secular
constitutional set up is to afford protection under Article 25(1) to those
practices which are regarded as essential integral by the devotes on the
religious community itself.
● In BijoeEmmanuel &ors V. State of Kerala this court noted that the personal
issues of judges are irrelevant. In Ascertaining whether a particular religious
belief or practice must receive protection guaranteed under Article 25(1).
● At this juncture it would be opposite to deal with the certain observation made
in durgah committee, GovindlajiMaharaj V. The State of Rajasthan.
● In Durgah Committee Ajmer V. Syed Hussain Ali a reference was made as to
how practices emanating from superstition may in that sense be extraneous
and unessential accretions to the religion itself.
● In the Judgement in Adelaide company of Jehartis V. The commonwealth of
Australia which held that constitution protected not only “liberty of opinion
but also acts done in pursuance of religious belief on part of religion.” The
court noted the importance of both religion belief and the practice that stems
from it.
● In the case of Sri VenkataramanaDevaru V. State of Mysore a constitution
bench of this court considered the constitutionality of the Madras Temple
Authorizations Act 1947 which sought to reform the practice of religious
exclusion of Dalits from a denominational temple by the GowdaSaraswati
Brahmin.

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 The court accepted the claim that the temple was a denominational temple
founded for the benefit of the GowdaSaraswati and proceeded to examine
whether exercising the right of a religious denomination under Article 26(b).
They were entitled to exclude from other communities from entering into it for
worship on the ground that it was matter of religion.
● In determining the essentiality of a practice it is crucial to consider whether
the practice is prescribed to be of an obligatory nature within that religion. If
the practice is optional it has been held that it cannot be said to be essential to
religion. A practice claimed to be essential must be such that the nature of the
religion would be altered in the absence of that practice.
● As stated above women are not allowed to enter the temple because women
are not able to adopt Vruthum. Women are not allowedentry to temple because
of biological or physiological phenomenon of menstruation which forbids
their participation in religious activity.
● All the older religions speak of the phenomena of menstruation in women as
being impure which therefore forbids their participation in religious activity.
This is old Testament in Chapter 15 Verse 19 leviticus it is stated :-
“And if a women have an issue and her issue in her flesh be blood she shall be
put apart seven days and whosoever toucheth her shall be unclean until the
evening.”
● To similar effect are Chapter 9 and 13 of Canto 6 of BhagavataPuranawhich
read as the issue of menstruation is also mentioned in the Quran Chapter 2
Verse 222.
● The declaration that places of public worship shall be open to Hindus of all
sections and classes is not absolute but subject to the right of a religion
denomination to manage its own affairs in matters of religion Section 4 must
be viewed in the constitutional context where the legislative has framed as
enabling legislation under Article 25(2)(b) which has been made expressly
subject to religious proactivity’s peculiar to a denomination under Article
26(b).

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 ● The practitioners have not challenged the provision of Article 4 as being
unconstitutional on any ground. The provisoto section 4 makes an exception in
case of religious denomination or sects thereof to manage their affairs in
matter of religion.

ARTICLES 25 AND 26 OF THE CONSTITUTION PROTECT A VERY BROAD ARC

OF RELIGION AND RELIGIOUS MATTERS INCLUDING CEREMONIAL ISSUES,
RITUALS, ENTRY, DRESS, HOIV TO STAND, HOW TO WORSHIP ETC, ALL AS
ELEMENTS OF RELIGION ?
● Articles 25 and 26 of the Constitution protect freedom of conscience and free
profession, practice and propagation of religion as also the right of every religious
denomination to manage its own affairs in matters of religion.
● Religion, in this formulation. is a much wider concept and includes-
● Ceremonial law relating to the construction of Temples.
● Installation of Idols therein.
● Conduct of worship of the deities.
● Place of consemition of the principle deity.
● Where other Devatas are to be installed.
● Where several classes of worshippers are to stand and worship.
● Purificatory ceremonies and their mode and manner of performance.
● Who are entitled to enter for worship, where they are entitled to stand
andworship and how the worship is to be conducted.
See inter alia Sri VenkataramanaDevaru v. State of Mysore, 1958 SCR 895, (CB)
(SCC Online) (intros 17 and 18)
● Religion not merely lays down a code of ethical rules for its followers to accept but
also includes rituals and observances, "ceremonies and modes of worship" which are
regarded as integral parts of religion, and these forms and observances might extend
even to matters offood and dress.(Commr.., Hindu Religious Endowments v. Sri
LakshmindraThirthaSwamiar of Sri Shirur Mutt, 1954 SCR 1005, (7.1.1).

● Similarly, the time of the day to give offerings of food to the idol, the performance of

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 periodical ceremonies before the idol, the time, mode and manner of daily recitals of
sacred texts or oblations to the sacred fire would all be regarded as parts of religion
and religious.

Rule 3(b) of the 2018 Rules is NOT ULTRA VIRES THE ACT

● Section 3 of the 2018 Act reads as follows:

"3. Places of public worship to be open to all sections and classes of HINDUS:
Notwithstanding anything to the contrary contained in any other law for the
time being in force being force or any custom or usage or any instrument
having effect by the virtue of law or any decree or order of court, every place
of public worship which is open to Hindus generally or to any section or class
thereof, Hindus; and no Hindu of whatsover section or class shall, in any
manner, be prevented, obstructed or discouraged from entering of public
worship, or from worshipping or offering prayers threat, or performing any
religious service therein, in the like manner and to the like extent as any other
Hindu of whatsoever section or class may sot enter, worship, pray or perform:-
“Provided that in the case of place of public worship which is a temple
founded for the benefit of any religious denomination or section thereof, the
provisions of this section shall be subject to the right of that religious
denomination or section, as the case may be, to manage its own affair in
matters of religion.”

The relevant extract of Rule 3 of the 2018 Rules is also reproduced here in
below:-

"Rule 3. The classes of persons mentioned here under shall not be entitled to
offer worship in any place of public worship or bath in or use the water of any
sacred tank, well, spring, or water course appurtenant to a place of public
worship whether situate within or outside precincts thereof, or any sacred
place including a hill or hill rock, or a road, street or pathways which is
requisite for obtaining access to the place or worship-

Section 3(b) of the 2018 Act provides that every place of public worship
which is open to Hindus generally, or to any section or class thereof, shall be
open to all sections and classes of Hindus; and no Hindu of whatsoever section

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 or class shall, in any manner be prevented, obstructed. or discouraged from
entering such place of public worship or from worshiping or from offering
prayers there or performing a, religious service therein, in the like manner and
to the like extent as any other Hindu of whatsoever section or class may enter,
worship, pray or perform.
The proviso to Section 3 of the 1965 Act carves out an exception in the case of
public worship in a temple founded for the benefit of any religious
denomination or section thereof. The provisions of the main section would be
subject to the right of a religiousdenomination or section to manage its own
affairs in the matters of religion.
Section 2(c), of the 2018 Act, defines 'section or class" to include any division,
sub-division, caste, sub caste, sect, or denomination whatsoever. Section 4(1),
empowers the making of regulations for the maintenance of orders and
decorum in the place of public worship and the due observance of the religious
rites and ceremonies performed therein. The proviso to Section 3 of the 1965
Act provides that no such regulation shall discriminate in any manner
whatsoever, against any Hindu on the ground that he belongs to a particular
section or class.

● The proviso carves out an exception to the Section 3 itself. The declaration
that places of public worship shall be open to Hindus of all sections and
classes is not absolute. but subject to the right of a religious denomination to
"manage its own affairs in matters of religion ". Section 3 must be viewed in
the Constitutional context where the legislature h. framed an enabling
legislation under Article 25(2)(b) which has been made expressly subject to
religious practices peculiar to a denomination under Article 26(b).
● Rule 3(b) is a statutory recognition of a pre-existing custom and usage being
followed by this Temple. Rule 3(b), is within the ambit of the

proviso to Section 3 of the 1965 Act, as it recognizes pre-existing customs and

usages including past traditions which have been practised since time
immemorial qua the Temple. The Travancore DevaswomBoard submits that
these practices are integral and essential to the Temple.

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 ● The Petitioners have not challenged the proviso to Section 3 as
beingunconstitutional on any ground. The proviso to Section 3 makes an
exception in cases of religious denominations, or sects thereof to manage their
affairs in matters of religion.
● The Notification restricts the entry of women between the ages of 10 to 55
years as a custom and practise integral to the sanctity of the Temple, and
having the force of law under Article 13(3)9) of the Constitution. The High
Court in S. Mohendran v.The Secretary, Travancore Devaswom
Board,Thiruwananthapuram&Ors.(supra) noted that this practice of restricting
the entry of women is admitted to have been prevalent since the past several
centuries. These practices are protected by the proviso to Section 3 of the 1965
Act which is given effect to by Rule 3(b) of the 1965 Rules.
● The contention of the Petitioners that Rule 3(b) 9 ultra 11ir5 Section 3 of the
1965 Act, fails to take into consideration the proviso to Section 3 of the 1965
Act. Section 3 applies to all places of public worship, whereas the proviso
applies to temples founded for the benefit of any religious denomination or
sect thereof. Hence, the contentions of the petitioners that Rule3(b) is ultra
vires Section 3 of 2018 Act is rejected.
● The WritPetition does not deserve to be entertained for want of standing. The
grievances raised are non-justiciable at the behest of petitioners involved.
● The equality doctrine enshrined under Article 14 does not override. The
fundamental right guaranteed by Article 25 to every individual to freely
profess, practice and propagate their faith in accordance with the tenets of
religion. The limited restriction on the entry of women during the notified age
group does not fall within the preview of Article 17 of the constitution.

The respondents have made plausible cause on worshippers of the temple.

Satisfy the requirements of being a religious denomination on sect thereof
which is entitled to the protection provided by Article 26. This is a mixed
Question of fact and law which ought to be decided before a complete court of
civil jurisdiction.

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 Prayer

In the light of the issues raised, arguments advanced and authorities cited, may this
Hon‟bleCourt be pleased to:

1. Order for the restriction of women in the Satpura kaliyug vardhan Temple & to
offer prayer and worship.

2. Order that the said restriction imposed on the women and children of certain age
does not amounts to violation of their Fundamental Rights as enshrined in the
Constitution, specifically violation of Articles 14, 15(3) and 17 in light of Rule 3(b) of
Rajputra Hindu Places of Public Worship (Authorization of Entry) Rules.

AND/OR Pass any other order that it deems fit in the interest of Justice, Equity and
Good Conscience. And for this, the Petitioner as in duty bound, shall humbly pray.

COUNSELS FOR THE RESPONDENT

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