Should women be allowed into the holy shrine of Sabarimala,Kerala?
Yes, says the Supreme Court of India. And there has been a huge uproar from the Hindu community including Hindu women since the centuries year old tradition has been struck down by the apex court.
According to the Rule 3(b) of the Kerala Hindu Places of Public Worship Act of 1965, menstruating women around the age of 10 to 50 are barred from entering the temple premises. However, women who are considered to be “pure” i.e, women who are not menstruating are allowed to visit the temple. This legislation seems to be in conflict with the fundamental rights recognized and given to every citizen by the constitution of India.
4 out of 5 judges who formed the constitutional bench agreed that the practice violated article 21 and article 25 of the constitution. Article 21 provides the right to life and personal liberty. Article 25 talks about the freedom to follow and propagate a citizen’s choice of religion. Article 17 which unveils the constitutional right against untouchability was also in question.
But article 26 of the constitution states that religious groups have the freedom to establish and maintain institutions for religious and charitable purposes.
Various arguments from the defendants have
- All temples in India do not allow entry of women on their periods in the temple. And such similar religious practices have not been disturbed.
-The PIL was filed by non-interested leftist groups.
- Lord Ayyappa is a legal personality and the court has to consider his ‘celibate status’ under article 21.
Even though the judgment was in favour the appellants. Enforcing the order has been a challenging for the law enforcement as a group of men and women stand before this place of worship and block the pathway from women entering the temple.
Discrimination against women has been a topic for debate for a while now but are efforts to empower women and provide an equal status to them come in the way of various traditional and religious practices that have been followed from centuries together. And will New India accept these kinds of feminist judgments and abide by it?