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Bar & Bench (www.barandbench.com) IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REVIEW PETITION (CIVIL) NO. ______OF 2018 IN WRIT PETITION(CIVIL) NO.373 OF 2006 IN THE MATTER OF: - CHETANA CONSCIENCE OF WOMEN …PETITIONER VERSUS INDIAN YOUNG LAWYERS ASSOCIATION & ORS …RESPONDENTS PAPER BOOK [FOR INDEX-KINDLY SEE INSIDE] I.A.No.________/2018 APPLICATION SEEKING ORAL HEARING IN OPEN COURT ADVOCATE FOR THE PETITIONER: K. V. MUTHU KUMAR Bar & Bench (www.barandbench.com) SYNOPSIS It is submitted that the applicant Chetana Conscience of Women is a registered organization under Societies act 1860 formed in the year 2011.The organization is working for empowering women and society in general. The office of the organization is situated in New Delhi at East Patel Nagar and has a registered website being www.chetanadelhi.org giving information about the activities that have been conducted in various parts of the country towards empowerment of women. It is submitted that during the course of carrying out various social works, it was brought to the attention about the controversy regarding prohibition of entry of women aged between 10 to 50 in Sabarimala Temple. The organization primarily working towards the issues related to women after much research, discussions and inputs from various religious organizations and devotees of Lord Ayyappa, particularly the female devotees intervened in Writ petition(Civil) No.373/2006 and opposed granting of reliefs in the Writ Petition. The present Review Petition under Article 137 of the Constitution has been filed seeking kind reconsideration of the order dated 28.09.2018 passed by this Hon‟ble Court in Writ Petition (Civil) no.373 of 2006 whereby this Hon‟ble Court allowed the Writ Petition. It is respectfully submitted that vide this present petition, the judgment and order dated 28.09.2018 passed by this Hon‟ble Court in Writ Petition(Civil) No.373 of 2006 deserves kind reconsideration of this Hon‟ble Court in larger public interest as:- Bar & Bench (www.barandbench.com) A. The Courts especially the Constitutional Court begins to entertain the petitions which purely pertain to issues of faith, customs, practices and beliefs then it would virtually open up a Pandora‟s box as several petitions would be filed seeking intervention in various religious practices of different faiths and the said interventions would create pandemonium across the country. B. The majority view erred in not considering the evidence placed on record which demonstrate that the practice of the Temple is a direct consequence of the celibate form of the Deity and the rules of Naishthika Brahmacharya which apply to the Deity. C. That the majority view erred in concluding that in all circumstances, the right of an individual must prevail over the rights of other individuals in a public place of worship notwithstanding its effects on the traditions and practices of the place of worship. D. That the majority view has erred in concluding that the devotees of Lord Ayyappa do not constitute a religious denomination within the meaning of Article 26. E. That the majority view erred in concluding that the practice of the Temple amounts to untouchability under Article 17. Bar & Bench (www.barandbench.com) F. That the majority view erred in concluding that the practice of the Temple violates Section 3 of the 1965 Act. G. That the majority view erred in concluding that Rule 3(b) of the 1965 Rules is ultra vires Section 3 of the 1965 Act since the Rule applies equally to men in relation to temples which place restrictions on their entry into certain Temples. H. That the majority view has failed to appreciate the spirit of the notifications of 1955 and 1956 by ignoring the principle behind the restriction and focusing on the age-based proscription; I. That the majority view will have the effect of eroding the diversity in religious practices across the board in all faiths since its approach places the individual over and above the traditions and practices of places of worship, whether or not they enjoy the status of a denominational place of worship. J. That in light of the ratio laid down by the Constitution Bench of this Hon‟ble Court in Daryo vs. State of U.P. AIR 1961 SC 1457 neither the 3 judge bench nor the Constitutional Bench has framed a question regarding the maintainability of the Writ Petition under Article 32 of the Constitution of India as to whether the same reliefs can be re agitated before this Hon‟ble Court vide a Writ Petition under Article 32 of the Constitution of India when the said reliefs sought under Article 226 of the Constitution being declined Bar & Bench (www.barandbench.com) The list of dates relating to the present Review Petition runs as under– LIST OF DATES Nil Ancient Hindu sages believed that periodic fasts or vrithams purify the human mind and body. By adhering to an austere way of life and observing tapas in body, mind and speech, man transcends his earthly limitations and changes for the better, so says the Bhagavad Gita. A devotee aspiring for a darshan of Lord Ayyappan has to be pure both mentally and physically and for this, he is expected to observe a mandatory fast (vritham) of 41 days that usually begins on the first day of the Malayalam month of Vrischikam in mid November. A pilgrim who is on his maiden trip to Sabarimala is called a Kanni Ayyapppan. The 41-days fast highlights the significance of austerity and abstinence in the lives of those seeking a complete merger with the Ultimate. A devotee has to abide by several regulations and dictates if he is to mount the pathinettu padikal(18 steps) and enter the temple on Sabarimala. The devotee embarks on the 41-day Bar & Bench (www.barandbench.com) vritham after he gains permission from his parents and Guru. Next, an auspicious day is fixed for the commencement of the vritham and on the eve of the said date, he offers poojas to the family deity and makes a holy knot with yellow cloth containing 1.25 currency units and presents it to the family deity thereby gaining his/her approval to begin the vritham. The Sacred Mala as a prelude to the actual pilgrimage, the aspirant wears a beaded mala/garland usually of tulsi or rudraksham to highlight his renunciation of material temptations. Majority of the devotees begin wearing the mala from the first day of Vrishchikam. Wearing the garland on a Saturday or on the day of asterism of Uthram, just prior to the first day of Vrishchikam is considered auspicious, for it is held that Dharma Shastha or Lord Ayyappan was born on first Vrishchikam on a Saturday, the asterism being Uthram. The occurrence of these three features on the same day is a rare phenomenon. Hence any one among the trio is chosen. As a rule the devotee receives his mala from a Guruswami, one who has been to Sabarimala repeatedly several timesOn the first day of the fast, the pilgrim awakes early, bathes and offers poojas to the family god, Bar & Bench (www.barandbench.com) navagrahas (the nine planets) and the holy mala. He then proceeds to the temple with his Guru from whom he receives the mala amidst the chanting of saranams. The ritual is ordinarily conducted in the precincts of a temple or any other holy place. As he wears the holy mala around his neck, the pilgrim swears total allegiance to Lord Ayyappan with whom he identifies himself completely. He surrenders his thoughts, words and deeds to the powerful deity and begins to lead the austere life of an ascetic. Like Lord Ayyappan, the renunciant, the devotee is expected to shun all social activities and immerse himself in prayers, poojas, bajans, visits to the temples, cleaning temples, feeding the poor, attending to the poor/sick and listening to spiritual lectures. Strictly celibate, he consumes only satvic food and is forbidden from having meat, intoxicants like alcoholic beverages, drugs and betel leaves, and smoking. Taking bath in the pre-dawn hours, regular application of vibhooti, sandalwood paste followed by meditation and singing songs about Lord Ayyappan become his part of his daily routine for 41 days. No shaving is allowed and the devotee prays to Dharma Shastha by chanting his name at least 108 times. He refrains from hurting anybody Bar & Bench (www.barandbench.com) either physically or verbally and identifies other Ayyappa devotees with the Lord himself. When somebody undertakes the 41-day fast, he must go about it quietly without much ado so as not to cause any inconvenience to his family. The Ayyappa swami does not oil his hair or body and always carries with him a tulsi leaf to ward off evil and temptations. He sleeps not on the bed and uses no footwear to protect his feet. Aazhi pooja/Vellamkudi The Aazhi pooja is an important event associated with the pilgrimage to Sabarimala. It is more or less a celebration that symbolizes the attainment of a renunciant's frame of mind. The pooja is performed on an auspicious day before the holy trek actually begins. This ritual is also called Vellamkudi, Daham Veppu or Padukka. Vellamkudi in the local Malayalam language means the act of drinking water and Daham Veppu, quenching one's thirst. Human beings long for satisfaction of their various material desires as a result of their undue attachment to the body. Such unquenched thirsts are impediments in their quest for God-realization; once they are removed, the devotee experiences supreme bliss. By leading a spiritually oriented life for several days, the Ayyappa bhaktha attains a Bar & Bench (www.barandbench.com) considerable degree of purification, both mentally and physically and this culminates in Aazhi pooja.

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