Public Interest Litigation

STATEMENT OF FACTS:

THE LOKESHWAR TEMPLE

1. The Lokeshwar Temple, located in Vormir (a city in the Union of Asgard), is a

renownedreligious spot. Millions of pilgrims visit the place every year and
complete trek of 1.5km toreach the shrine. This temple welcomes men and
women of every caste. Devotees dressuniformly in saffron coloured clothes.

PETITIONERS

2. The Shield Lawyers Association and groups of women lawyers have

approached theHonourable Supreme Court of Asgard seeking a direction to
allow entry of women into thetemple without age restrictions.

BACKGROUND

3. The temple has selective ban on (menstruating) women aged between 14 and
55 entering it.Although there are numerous Temples of Lord Odin in Asgard,
the Lokeshwar Templedepicts Lord Odin as a ‘Naistika Brahmcharya’, that is,
his powers derive specifically fromabstention from sexual activities.
4. The pilgrims have to follow a strict vow over a period of forty one days, which
lays down aset of practice. The said set of practice also includes maintaining
hygiene including taking bath twice a day and also taking one meal a day.
5. As per the religious text Lord Odin was born of both Lord Shiva and Lord
Vishnu to killThor,a demon. After Odin killed Thor, one of his slave, Frigga
asked Odin to marry her. Heassures her that he will marry her when all the
prayers of his devotees have been answered.And it is due to this reason, women
don’t enter the temple out of respect and devotion.

DISPUTE

6. The Petitioners contended that discrimination in matters of entry into temples is

neither aritual nor a ceremony associated with the religious text and beliefs

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’ stating that suchdiscrimination is totally anti-Hindu. Further they also claimed that
religious institutioncannot protect the impugned practice.

7. The Respondentsstate that since the deity inside the temple is in the form of a
‘NaistikaBrahmcharya’, theref ore women of certain age group are not allowed
inside the temple sincethey are not in a position to observe penance for 41 days
due to physiological reasons.
8. The issue is now pending before the Hon’ble Supreme Court of Asgard.

ISSUES RAISED

1. WHETHER THE PETITIONERS AND THE SUBSEQUENT

INTERVENERS HAVETHE LOCUS STANDI TO FILE THE PRESENT
WRIT PETITION?
2. WHETHER THE HONOURABLE SUPREME COURT HAS THE
JURISDICTION INDEFINING THE BOUNDARIES OF RELIGION IN
PUBLIC SPACES?
3. WHETHER THE SAID RESTRICTION IMPOSED ON THE WOMEN OF
CERTAINAGE AMOUNTS TO VIOLATION OF THEIR FUNDAMENTAL
RIGHTS ASENSHRINED IN THE CONSTITUTION, SPECIFICALLY
VIOLATION OF ARTICLES14, 15(3) AND 17 IN LIGHT OF RULE 3(B) OF
VORMIR HINDU PLACES OF PUBLICWORSHIP (AUTHORIZATION OF
ENTRY) RULES?
4. WHETHER THE PRACTICE OF EXCLUDING SUCH WOMEN
CONSTITUTES AN"ESSENTIAL RELIGIOUS PRACTICE" UNDER
ARTICLE 25 AND WHETHER ARELIGIOUS INSTITUTION CAN
ASSERT A CLAIM IN THAT REGARD UNDER THEUMBRELLA OF
ARTICLE 26?