New Delhi: A five-judge Constitution bench headed by Chief Justice Dipak Misra termed as "impressive" the persuasive and vehement submissions made by lawyers opposing entry of menstruating women in Sabrimala Temple. The Supreme Court of India on Thursday said that irrespective of submissions that Lord Ayyappa of the Sabarimala temple has "celibate character", it cannot remain "oblivious" of the fact that the entry of women in the age group of 10-50 was barred on "physiological ground" of menstruation.

Chief Justice Dipak Misratermed submissions of advocate Sai Deepak as "impressive" the persuasive and vehement, who appeared for People for Dharma and NGO Chetna that Lord Ayyapa being a "juristic person" has the right to preserve his "brahmacharya" (celibate) character under the Constitution.

"Your (lawyer) arguments are impressive, I must admit that," the CJI observed. "But, the court can't be oblivious of the fact of the case that a class of women is disallowed due to physiological reasons (menstruation)," the bench, which also comprised justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, said.

The bench, which was hearing pleas of Indian Young Lawyers Association and others challenging the ban, asked whether the practice at Sabarimala of barring women of the age group of 10-50 years from entering the temple was an "essential and integral" practice of a religious denomination. Justice Chandrachud intervened and said there was no need to even go into the "essentiality" test and "the core of issue is whether Constitution overrides all other aspects. If yes, then nobody can exclude a class of women from visiting temple".

"I go beyond the essentiality test. Essentiality aspect has taken charge of Article 25 (freedom of conscience and free profession, practice and propagation of religion) under the Constitution, but it should not be so. Because of the fact that something is essential to the religion it becomes inviolable," Justice Chandrachud said.