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.
Labels:

Comments

Post a Comment

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B
Post a Comment
Read more

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske
1 comment
Read more

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree
Post a Comment
Read more