Supreme Court of India questions menstrual taboos during Sabarimala case hearing
April 7, 2026: The Supreme Court of India on Tuesday raised critical questions on menstrual taboos while hearing issues related to the Sabarimala case. Justice BV Nagarathna remarked that a woman cannot be considered “untouchable” for three days every month and then treated differently on the fourth, questioning the logic behind such arguments in the context of constitutional rights.
The observation came in response to submissions by Solicitor General Tushar Mehta, who criticised the 2018 verdict that linked the exclusion of women to untouchability under Article 17. He argued that the restriction at Sabarimala Temple was based on age and unique religious customs rather than menstruation, stressing that denominational practices should be respected.
A nine-judge bench is currently examining broader constitutional questions arising from review petitions against the 2018 judgment. The court clarified it would not revisit the original verdict but focus on issues such as the scope of religious freedom and the “essential religious practices” test. The hearing marks a significant moment in the ongoing debate over faith, gender equality, and constitutional rights in India.