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1. The document discusses the Supreme Court ruling in favor of allowing women of all ages to enter the Sabarimala temple in Kerala, India. 2. The Court found that the practice of banning women aged 10-50 violated women's right to practice religion as Hindus and was a form of gender discrimination. 3. The conclusion states that the Indian Constitution aims to undo historical injustices and create an equal social order, representing the aspirations of those previously denied dignity.

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Nandini Sharma
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56 views2 pages

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1. The document discusses the Supreme Court ruling in favor of allowing women of all ages to enter the Sabarimala temple in Kerala, India. 2. The Court found that the practice of banning women aged 10-50 violated women's right to practice religion as Hindus and was a form of gender discrimination. 3. The conclusion states that the Indian Constitution aims to undo historical injustices and create an equal social order, representing the aspirations of those previously denied dignity.

Uploaded by

Nandini Sharma
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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that part or practice.

The Court observed that by allowing women to enter into the Sabarimala temple
for offering prayers, it cannot be imagined that the nature of Hindu religion would be fundamentally
altered or changed in any manner [14]. Secondly, alterable parts or practices cannot constitute the core
of a religion and hence cannot be construed as essential. There has to be unhindered continuity in a
practice for it to attain the status of essential practice [15]. For this fact, it was observed that the
Devaswom Board itself accepted before the High Court that previously the women of age group 10–
50 years used to visit the temple to offer prayers, which means there is no continuity of this practice to
form an essential part of the religion [16]. Therefore, this practice is neither an essential nor an
integral part of the Hindu religion, without which Hindu religion, of which the devotees of Lord
Ayyappa are followers, will not survive.

3. Whether Ayyappa Temple has a denominational character? The court while answering this issue
observed that, in order to constitute a separate denomination, there must be something distinct from
another. A religious denomination must necessarily be a new one and new methodology must be
provided for a religion. There is no identified group called Ayyappans. Every Hindu devotee can go to
the temple. It was also observed that there are other temples for Lord Ayyappa and there is no such
prohibition. Mere observance of certain practices, even though from a long time, does not make it a
distinct religion on that account. Therefore, there is no identified sect. Accordingly, it was held that
Sabarimala temple is a public religious endowment and there are no exclusive identified followers of
the cult.

4. Whether Rule 3 of Kerala Hindu Places of Public Worship (Authorization of Entry) Rules permits
‘religious denomination’ to ban entry of women between the age of 10 and 50 years? Section 3 of the
Act lays down that the place of worship will be open to all sections of Hindus which includes all
genders, with the sole condition that they are Hindus. Section 3 also has one exception that in case the
place of worship is founded for benefit of any religious denomination, then rights under Section 3 will
become subject to rights of that religious

denomination. As per the above issue, it became clear that the Ayyapans are not a religious
denomination; so, use of this exception does not arise.

In Sabarimala, Chandrachud J. attempts to demonstrate how, in fact, the proscription in question does
restrict freedom and dignity, and, therefore, should be judicially invalidated [17]. He does so by
telescoping outwards from the singular event itself (exclusion from worship in one temple), and
showing how this single event of exclusion is nested in an entire social and institutional order that is
characterized by hierarchy, subordination, and exclusion [18].

Finally, The Supreme Court has ruled that women, of all age groups, can enter Sabarimala temple in
Kerala. The apex court in a 4:1 majority said that the temple practice violates the rights of Hindu
women and that banning entry of women to shrine is gender discrimination. A five-judge Constitution
bench, headed by Chief Justice of India, Dipak Misra [19], said that the provision in the Kerala Hindu
Places of Public Worship (Authorization of Entry) Rules, 1965, which authorized the restriction
violated the right of Hindu women to practice religion [20].

CONCLUSION

Besides the struggle for independence from the British rule, there was another struggle going on since
centuries and which still continues. That struggle has been for social emancipation; It has been the
struggle for the replacement of an unequal social order. It has been a fight for [21] undoing historical
injustices and for righting fundamental wrongs with fundamental rights. The Constitution of India is
the end product of both these struggles. It is the foundational [22] document, which in text and spirit,
aims at social transformation namely, the creation and preservation of an equal social order. The
Constitution represents the aspirations of those who were denied the basic ingredients of a dignified
existence [23].
The understanding of a constitution as a transformative document is certainly not new and has an
established lineage in several post-

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