Former Supreme Court Judge Indu Malhotra has lashed out at the Communist governments in the country during her recent visit to the Shree Padmanabhaswamy temple in Thiruvananthapuram in Kerala.
In a video that has now surfaced on social media, retd. Justice Indu Malhotra was heard as saying, “That is what happens with these Communist governments. They want to just take over because of the revenue. Their problem is the revenue.”
“All over they have taken over. All over. Only Hindu temples. So Justice Lalit and I told, no we will not allow it,” she further added. Justice Malhotra was speaking about her verdict [pdf] in the Padmanabhaswamy temple issue, which was delivered in July 2020.
Referring to the July 2020 judgment of the Supreme Court delivered by her and Justice Lalit –
— manju🇮🇳 (@mk07_13) August 28, 2022
Communist governments all over have taken over Hindu temples: Retired Justice Indu Malhotra#HinduTemples#FreeHinduTemples pic.twitter.com/RBs5KDLzNp
A 2-Judge Bench of Justices Indu Malhotra and UU Lalit had ruled against the Kerala government’s attempt to bring the historic temple under its control. The apex court overturned the 2011 judgment of the Kerala High Court that granted the power to the state government to take control of the temple, its management and assets.
In its verdict, the apex court stated that the death of the king will not affect the rights of the Travancore family on the temple. It ruled that all members of the temple management committee shall be members of the Hindu community.
Following the verdict, the Kerala government also stated that it will abide by the Supreme Court decision.
When Retd. Justice Indu Malhotra gave the dissenting verdict on Sabarimala issue
In September 2018, the Supreme Court of India decided that women of all ages should be allowed inside the premises of the Sabarimala temple.
In a 4-1 verdict, the apex court struck down Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965, which restricted the entry of women between the ages of 10 and 50 in the Kerala temple.
The sole dissenting voice in this majority verdict was Justice Indu Malhotra, who was also the only woman on the 5-judge bench. Her Ladyship observed that there exists a difference between diversity and discrimination.
Her Ladyship, the sole woman, Ms. Indu Malhotra, is the sole voice of dissent and agrees with the position of the #ReadytoWait campaign in principle. Her Ladyship has acknowledged that there exists a distinction between diversity and discrimination. Swamiye Saranam Ayyappa!
— Sai Deepak J (@jsaideepak) September 28, 2018
Justice Indu Malhotra observed that matters of deep religious sentiment should not be interfered with by the court. She said that the shrine and the deity are protected by Article 25 of the constitution. She emphasised that the court should not interfere unless there is an aggrieved person from that religion or section.
The retired Judge observed that the subject of rationality should not be seen in religious beliefs. She observed that the people worshipping in Sabarimala have attributes of a religious denomination and that the temple gets funds from Devaswam Board.
