‘Restricting melshanti post to Brahmins contravenes Constitution’

At a time when a row over alleged discrimination and casteism in the appointment of Sabarimala ‘melsanthi’ (head priest) has erupted in Kerala for the last few months, the Kerala High Court on Saturday heard a batch of petitions challenging the Dewaswom Board notification inviting applications only from Malayala Brahmins for appointment as Melshanthi of Sabarimala.A Division Bench of the Kerala High Court consisting of Justice Anil K Narendran and Justice PG Ajithkumar heard the petitions in a special sitting.The counsel for the petitioner asked the High Court if the High Court can endorse a system of appointment which is casteist.The Court further posted the matter to December 17th which will also be a special sitting.During the hearing, the counsel for the petitioner, Advocate Professor (Dr) Mohan Gopal, who was the Director of the National Judicial Academy contended, “There is a clash between Constitutional values and the provision which restricts Melshanthi posts only to Malayala Brahmins. The core Constitutional value at stake is untouchability. Article 17 not only prohibits but also criminalises untouchability. It is a constitutional crime. Can High Court endorse a system of appointment which is casteist? can the High Court allow abrogation of Article 17?”