Adv. T. S.

VENKATESWARA IYER MEMORIAL MOOT COURT COMPETITION-2019

BEFORE THE HON’BLE

SUPREME COURT OF INDIA

ORIGINAL WRIT JURISDICTION

PUBLIC INTEREST LITIGATION

UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA

In the matter of Article 14 of the

Constitution of INDIA

FRIENDS OF WOMEN PETITIONER

Vs

UNION OF INDIA
RESPONDENT

UPON SUBMISSION TO THE HON‟BLE CHIEF JUSTICE AND HIS

COMPANION JUSTICES OF THE SUPREME COURT OF RAMBO

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Adv. T. S. VENKATESWARA IYER MEMORIAL MOOT COURT COMPETITION-2019

MEMORANDUM ON BEHALF OF THE RESPONDENT

TABLE OF CONTENTS

1. LIST OF ABBREVIATIONS

2. TABLE OF AUTHORITIES

3. STATEMENT OF JURISDICTION

4. STATEMENT OF FACTS

5. QUESTIONS PRESENTED

6. SUMMARY OF ARGUMENTS

7. ARGUEMENTS ADVANCED

8. FINAL SUBMISSIONS

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 Adv. T. S. VENKATESWARA IYER MEMORIAL MOOT COURT COMPETITION-2019

LIST OF ABBREVIATIONS

¶ Para

¶¶ Paras

AIR All India Reporter

p. Page No

PIL Public Interest Litigation

SC Supreme Court

SCC Supreme Court Reports

SCJ Supreme Court Journal

Sec. Section

u/a Under Article

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Adv. T. S. VENKATESWARA IYER MEMORIAL MOOT COURT COMPETITION-2019

INDEX OF AUTHORITIES

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Adv. T. S. VENKATESWARA IYER MEMORIAL MOOT COURT COMPETITION-2019

STATEMENT OF JURISDICTION

The Hon‟ble Supreme Court of INDIA has the jurisdiction in this matter under
Article 32 of the Constitution of INDIA which reads as follows:

“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.”

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Adv. T. S. VENKATESWARA IYER MEMORIAL MOOT COURT COMPETITION-2019

STATEMENT OF FACTS

 Prathan’s temple called Sapthagiri one of the One of the most

important pilgrimage destinationsof state of INDIAN union which
is located in the Vanniar Tiger Reserve in Shanthisthan. The
temple will remain open for five days every month and the major
festival which is called as “Mandalakalam” spans during the
adjoining months of Vrishchikam and Dhanu of the Traditional
Malayalam Calendar (November and December according to
English Calendar). The temple will be open from the first day of
the 'Vrishchikam' and would close on the eleventh day of the
'Dhanu' as per the traditional Malayalam calendar. A devotee who
desires to visit the temple during “Mandalakalam” has to follow
‘Vratham’ or penance which is a hard and rigid life style regimen
for a period of 41 days prior to the pilgrimage wherein purity in
thought, word and deed is insisted.

 The 41 days vratham starts by wearing a special chain which

consists of ‘Rudraksha’ and during the course of the 41 days of
Vratham, the devotee is supposed to have a lacto-vegetarian diet,
abstain from marriage and sexual relations, not to consume

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Adv. T. S. VENKATESWARA IYER MEMORIAL MOOT COURT COMPETITION-2019

alcohol in any form, and are not even allowed to style and dress
their hair and nails. Devotees are also expected to serve the society
and others as much as possible and realize that God is everywhere.

 The Sapthagiri Temple Administration Board (hereinafter STAB)

records reflect that about 5.5 crore pilgrims from across the
country had visited the temple in 2016-17 and the temple earned
Rs. 393.69 crore as revenue.

 The temple was visited by poor and rich alike in the past until the
year 1981. In the past, only few women pilgrims visited the temple
due to the hardships of pilgrimage. The main reason was the
topography of the place where the temple situates and also the
route to the temple which passes through hilly and forest tracts
where there is presence of wild animals. Usually women between
the age of 10 and 50 abstained from visiting the temple as it will
not be physically capable of observing vratham or penance for 41
days on physiological grounds. There were instances where
women below the age of 50 had visited the temple to conduct the
first feeding ceremony of their children and also during the
monthly ceremonies wherein the temple will be open for five days.

 In 1981, a Notification was issued by the STAB during

“Mandalakalam”, prohibiting the entry of women of the age group
10 to 50, taking into account the religious sentiments and practices
followed in the temple since centuries.

 Consequently, a devotee approached the Hon’ble High Court of

Shanthistan seeking action against a young woman who visited the
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Adv. T. S. VENKATESWARA IYER MEMORIAL MOOT COURT COMPETITION-2019

temple for her infant’s first-feeding ceremony. The Division Bench

of Shanthisthan High Court, vide its judgment in the year 1981,
banned the entry of women in the age group of 10-50 claiming that
such a practice of not allowing women of that age group was very
much prevalent in the past and that it was according to the
traditional practices irrespective of the monthly opening festival or
the major festival season. The High Court directed the Government
of Shanthisthan to use all the measures required to implement the
decision of the High Court and accordingly, Sapthagiri Temple
Administration Rules 1956, was amended and Rule 5A was added
which banned the entry of woman of age group from 10-50.

 In the year 2012, a Public Interest Litigation was filed under Art 32
of the Constitution in the Supreme Court of India by an
organization called Friends of Women assailing the
constitutionality of Rule 5A of the Temple Administration Rules
1956. This was based on the ground that the Rule which restricted
the entry of women in Sapthagiri violates the right to equality and
freedom of religion guaranteed under Constitution of India.

 The Supreme Court of India in its decision dated 1st October, 2018
allowed the entry of all women into the Sapthagiri Prathan temple.
The Apex Court held that women, irrespective of their age, have
the right to enter the temple and declared that Rule 5A of the
Sapthagiri Temple Administration Rules 1956 was unconstitutional
as it is arbitrary and runs counter to the principles of gender
equality espoused by the Constitution of India. The Hon'ble Court
also held that the impugned religious practices excluding women
in entering the temple fail to stand the judicial scrutiny premised
on fundamental rights pertaining to religion guaranteed by the
Constitution of India.
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Adv. T. S. VENKATESWARA IYER MEMORIAL MOOT COURT COMPETITION-2019

 The first two weeks of October 2018 witnessed large scale protest
in the State against the decision of the Supreme Court. Though a
few women, on the strength of the decision attempted to visit the
temple in the ensuing monthly opening festival the believers
prevented them from entering the temple and despite the best of
the efforts by the Government, the decision could not be
implemented. As various political parties also joined the devotees
in their protests, large scale violence happened and caused massive
destruction of public properties. On October 12, 2018, the
Parliament enacted the Hindu Places of Public Worship
(Authorization of Entry) Act, 2018 to authorize the entry of all
sections of Hindus to Places of public worship and for matters
connected therewith or incidental thereto.

 On October 24, 2018, Friends of Women filed a Writ petition

Under Art 32 of the Constitution, challenging the validity of The
Hindu Places of Public Worship (Authorization of Entry) Act,
2018 on the grounds of lack of legislative competency and
violation of fundamental rights. On behalf of the Union
Government, all the contentions are refuted.

 The matter is for final hearing before the Supreme Court

.

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Adv. T. S. VENKATESWARA IYER MEMORIAL MOOT COURT COMPETITION-2019

QUESTIONS PRESENTED

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SUMMARY OF ARGUMENTS

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ARGUEMENTS ADVANCED

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FINAL SUBMISSIONS

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