“No Concept of 3-Day Untouchability Every Month,” Says Justice Nagarathna in Sabarimala Reference Case

During the Sabarimala reference hearing, Justice B.V. Nagarathna questioned the idea of treating women as “untouchable” based on menstruation.

She observed that there cannot be a concept of “three-day untouchability every month” and then no untouchability thereafter, raising doubts about applying Article 17 in this context.

Her remarks came after the Centre objected to the 2018 judgment’s view that restricting women’s entry amounted to untouchability.

The hearing is part of a larger constitutional review where the Supreme Court is examining the balance between religious practices and fundamental rights.