Skip to main content

Denial of women in religious shrines

                 Denial of Women in Religious Shrines

One of the most famous and celebrated case of India is the case of Indian Young Lawyers Association Vs. State of Kerala, also known as Sabrimala Judgment which created feminist jurisprudence with new vigor and lubricated the wheels of social integration.

The background of the case was that there is a holy temple of Lord Ayyappa, also known as Sabrimala Temple, located in the district of Pathanamthitta in Kerala. Its believers and followers maintained asceticism, namely celibacy, which they consider as a source of abilities. Its devotees were required to maintain a strong vratham or vow for a period of forty-one days in ancient times. It follows the system of Brahmacharya made by Lord Ayyappa where women are excluded from entering and participating in the Vratham since time immemorial. Here, the women above the age of 10 and under the age of 50 were barred or do not have permission to access the shrine which is a custom prevailing.

As per the Section 3 of the Act of Rule 3(b) of Kerala Hindu Places of Worship (Authorization of Entry Act)(10), 1965 authorized this old ritual venues of public worship shall be available to all classes and the sections of Hindus, according to Religious Denomination’s rights. However, Rule 3(b) made an exemption for women who are not allowed to visit a place of public worship according to tradition and use.

In 2006, a Public Interest Litigation was filed with the Kerala High Court by the Young Lawyer’s Association  seeking that the women should be allowed to enter the Sabrimala Temple and pay a visit to the shrine as it is their right to do so because no one can be denied entry just on the basis of physiological condition. It violates their fundamental and constitutional right. After all the ups and downs, the Supreme Court on 28 September, 2018, gave its historical Judgment. It said that now the women will be allowed to enter the Temple and there will be no discrimination just on the basis of the women’s physiological condition. In this regard, it is important to see that here the Supreme Court overturned a generations-old custom that prohibited women from entering the Sabrimala shrine in a majority decision. The judges were of the point of view that gender discrimination cannot be applied in the matters of devotion. Specifically excluding women of the particular age into entering the temple is not a religious requirement and that is why it will not be entertained. The Section 3(b) of the Kerala Temple Entry Act, which prohibits the women of ages between 10 and 50 from entering the temple, is a violation of the Hindu religion’s freedom of worship. If a physiological or the biological element of the individual fails to satisfy the credibility test, it cannot be accorded legitimacy. Exclusion such as menstruation is both unlawful and discriminatory because both men and women have the right to worship equally and the term ‘BAN’ refers to religious patriarchy and hence not tolerated.

Therefore, many discriminatory and horrific acts have now become permissible in the name of religion because it plays a very crucial part in our lives. This case is one such case which is brought by a women feminist to stop gender discrimination. But to actually implement everything in the society, there should be a moral force which should push people to stop discrimination in the society. Still, the Court’s decision was commendable.


Comments

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...