Professional Documents
Culture Documents
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UNIVERSITY:-GURU NANAK
DEV UNIVERSITY,
REGIONAL CAMPUS,
JALANDHAR
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ABSTRCT
Women constitute 50% of world population having
different status in family , structure ,class, caste
,property and society Sabarimala Temple row is all
about the conflict between tradition and women
rights.
As per traditions and customs, women between 10 and 50 years of
age were not allowed to enter into Sabarimala Temple .But the
situation changed when the Supreme Court on September 28, 2018,
ruled that restricting entry of women of menstruating age (between
10 and 50 years old) was unconstitutional . The landmark judgment
given by honourable Supreme Court has opened the gates of the
temple for female devotees of all age groups which has paved way
for women empowerment . However, the state government has been
facing difficulties to execute the Supreme Court order due to
massive protests.
Excluding women from access to the shrine is a clear violation of
their fundamental rights to equality (Article 14), non-discrimination
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(Article 15), and freedom of religion (Article 25).The main issue is
not an entry, but equality. The religious exclusion has a public
character, and that it is not just an issue of a sacred tradition but one
of the civil rights and material and symbolic equality.
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SUPREME COURT VERDICT ON
SABARIMAL A – ALL MEN AND
WOMEN HAVE EQUAL RIGHT TO
WORSHIP
It is not that women is merely seeking her
freedom of livelihood ,struggling against men’s
monopoly of business, but against man’s
monopoly where he is breaking her heart
everyday and desolating her life. She must
restore the last social balance by putting the full
weight of woman into the creation of the human
world.1
Rabindranath Tagore
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Womenofindia ;http://womenofindia.net/
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The status of women in India has been subject
to many great changes over the past few
millennia. From equal status with men in ancient
times to the modern women of today , she has
created distinct place for herself. Woman is the
soul of the society and we cannot imagine
society without her existence.
Religion is a spiritual pursuit and an important
part of social organization.Specially in India ,
religion has a very important place which
determines various aspects. Temples are meant
for worshipping, religious or spiritual rituals, to
attain peace of mind ,to forget our sorrow and
pain ,to relax and meditate ,to submit ourself to
god and to connect with god.
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Sabarimala Sree Dharma Sastha
Temple isone of the most famous Hindu
temples in India, located in the Pathanamthitta
district of Kerala. The temple is managed by the
Travancore Devaswom Board.
Main stakeholders of Sabarimala Temple are
Travancore Devasom Board, Tantri (head priest)
family, Pandalam Royal Family, Ayyappa Seva
Sangam etc.
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The devotees are expected to follow
a Vratham (41-day austerity period) prior to the
pilgrimage. About 2 crore devotees visit the
pilgrimage centre every year.2
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Indian Young Lawyers Association vs The State Of Kerala on 28
September, 2018
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Indu Malhotra.
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speaking up and that is what frightens the
coward protectors of religion.
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— ABC Of Women Worker's Rights And Gender Equality, ILO, 2000. p.
48.
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The NGO happy to bleed intervened to opposed
the restriction, terming it as an outdated taboo
against menstruation.
Article 25(2)which throws open public hindu
institutions to all classes and sections of the
society can be applied only to social norms and
it does not apply to matters of religion covered
under article 26(b) of the constitution which
provides right to every religious denomination to
manage its own affairs in the matters of religion
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.the ethical autonomy of women and the
intrinsic value of womanhood needs to be
asserted in the realm of spirituality .In the
landmark case of SR Bommai 1994, supreme
court said that , secularism operates as a bridge
for the country to move from traditions to
modernity. Thus the idea of individual liberty
must be respected and it is essential to prevent
monopolization of religious rights by a few under
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KUMAR,NARENDER, Constitutional Law of India,7th Edition,
Allahabad Law Agency,Allahabad,2008 pg 29
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the disguise of management of religious
institution
The supreme court opened the gates of the
temple for women devotee which is a landmark
judgment indeed but the decision left the
devotees agitated and thus the patriarchy and
prejudice has ensured that the doors remain
shut. The conservatives are bullying the law and
the nation. The constitutional bench led by
Justice Deepak Mishra said that court cannot
accept a practice mined in patriarchy and male
chauvinism. The SC verdict led to protests on 17
October 2018 when the temple was opened for
the first time since the Supreme Court verdict
came.
Even though some women of menstruating age
tried to enter the temple they were sent back by
Police after the protests turned violent. women
journalists were assaulted by the protestors and
Police had to resort to lathi-charge to disperse
them.
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Sabarimala Karma Samithi, a relatively obscure
organisation called for a state-wide Harthal.
BJP-led NDA Kerala Unit and Shiv Sena Kerala
Unit supported the Harthal.
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specifically set down as such in their holy
book8
In Shirur Mutt case, the Supreme Court
observed that a “religious denomination or
organization enjoys complete autonomy in
the matter of deciding as to what rites and
ceremonies are essential and no outside
authority has any jurisdiction to interfere with
their decision”. At the same time, the court
also said that the state can legitimately
regulate religious practices when they “run
counter to public order, health and morality”
and when they are “economic, commercial or
political in their character though they are
associated with religious practices9”.
8
The Commissioner Of Police & Ors vs Acharya Jagdishwarananda
... on 11 March, 2004
9 The Commissioner, Hindu ... vs Sri Lakshmindra Thirtha Swamiar ...
1954 AIR 282, 1954 SCR 1005
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Thus the difference between constitutional
morality and public morality and thus the right to
practice the religion of one’s own choice must
be respected. The sentiments of women must
be respected and those women who donot
want to go can wait as per their own choice as
the die-hard spiritualism of the women devotees
started campaigns like ‘Ready to wait.
Religion is becoming matter of convenience in
today’s world and the so called priests are the
modern day corruptors of our religion. The
question is that why should gender equality be
hostage to age old discriminatory tradition. It is
ridiculous to use traditions for justification for
such a misogyny. Why should women be
buckled to patriarchy. We should hang our
heads in shame if in 21st century the basic rights
are not available to women as in the question
between faith and right, right must be priority. it
is high time to stand up against sexism.
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The recent issues of restriction on entry of
women in places of worship like Sabarimala,
Shani Shingnapur, and Haji Ali have once again
brought the focus on the debate ‘religious
tradition versus gender equality’
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have to struggle against many handicaps and
social evils in the male-dominated society. Many
evil and masculine forces still prevail in the
modern Indian society that resists the forward
march of its women folk. It is ironical that a
country, which has recently acclaimed the status
of the first Asian country to accomplish its Mars
mission in the maiden attempt, is positioned at
the 29th rank among 146 countries across the
globe on the basis of Gender Inequality Index.
There has been amelioration in the position of
women, but their true empowerment is still
awaited.
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Swami Vivekananda, one of the greatest sons of
India, quoted that, “There is no chance for the
welfare of the world unless the condition of
women is improved, It is not possible for a
bird to fly on only one wing. ” 10
10
http://vedanta.org/our-teachers/swami-vivekananda/
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and this is possible only through the
empowerment of women
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Bibliography
BOOK
1. KUMAR,NARENDER, Constitutional Law
of India,7th Edition, Allahabad Law
Agency,Allahabad,2008
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JOURNALS AND
NEWSPAPERS
1. All India Reporter, All India Reporter Pvt.
Ltd, 1950 to 2016
2. Constitutional and Socio- Economic
Changes, a Lecture by JusticeH. R
Khanna, Patel Memorial Lectures
3. Justice Information Centre , A service of
Nations Criminal Justice Reference
Service,
4. The Hindustan Times
5. The Indian Express
6. The Times of INDIA
7. The Tribune
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WEBSITES
1. http://www.womenglobalaward.org/en
2. https://www.quora.com
3. http://www.unwomen.org/en/digital-
library/publications/2011/10/women-s-
empowerment-principles-equal
4. https://www.india.gov.in/my-
government/constitution-india
5. https://www.thebetterindia.com/130232/constituti
onal-amendments-india-constitution/
6. http://sabarimala.kerala.gov.in
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