Additional English

CIA- I
Name: Sarah Medha Bachmann
Register No:1730248
Class: 4 CEP ‘B’
SABRIMALA TEMPLE:

A Verdict promoting Gender Equality or A Verdict violating

Secularism

A 28 September Supreme Court Verdict(2018) ended the practice of prohibition of entry of

women in The Lord Ayyappa Temple of Sabrimala,situated at a hill top in Kerala. This
Supreme Court Verdict re-established the idea of ‘gender equality’ but at the same time
questioned the concept of “ SECULARISM” in Indian Context.

Sabrimala Temple is a holy shrine for Hindus dedicated to Lord Ayyappa who is considered to
be an eternal celibate. Since time immemorial, Sabrimala Temple prohibited the entry of women
in their menstruating years from 10-50 years of age.On 28 th September,2018 Supreme Court
passed the verdict of allowing the entry of women irrespective of their age in the Sabrimala
Temple. While the whole country hailed the verdict as a great step towards ending the patriarchal
constructs of the society and promoting gender equality, some intellectuals and diplomats raised
the issue of violation of secularism. The Constitutional Bench headed by Dipak Misra,Chief
Justice of India which passed Sabrimala Verdict had 4:1 ratio voting rate. Surprisingly, the
verdict for promotion of gender equality received disagreement from a woman- Justice Indu
Malhotra.Her point of refute was that the court should not interfere in the matters of various
religious communities of India.Any form of State interference should happen only when the
people of that respective community demand a reform.

It is here where the whole concept of “ Secularism” acquires a confused position in Indian
context.
   Secularism in general context means ‘ separation of state and church’. However, Secularism
in India means ‘ equal treatment of all religions by the state’.This peculiar meaning of
‘secularism’ in India is itself very controversial. The line of interference and non-interference in
religious matters is controversial. The paradoxical concept of the whole situation is that the
secular state by interfering in religious traditions itself becomes a religious authority which goes
against the whole idea of ‘Secularism’ in Indian context.
Now, considering the example of entry of women into Sabrimala temple is a case of interfering
in religious matters as well as interfering for the cause of ending patriarchal constructs of society.
It violates the idea of both – secularism and equality. Allowing religious communities to practice
their customs is secularism but if the religious custom prevents entry of women into the temple
then state interference would be required to establish promote equality of genders.

In 2016,the Supreme Court passed a verdict for Haji Ali Dargah to open it’s gates for
women.There again secularism and equality were intermixed.Islam,a religion where it’s holy
book- The Quran states that women are not allowed in mosques and some other holy
places;Supreme Court intervened and forced to allow entry of women in the Dargah.

Thus,the verdict of entry of women in these holy places ( Sabrimala & Haji Ali Dargah) did’nt
apply to other religious places of respective religions.Therefore,the principle of equidistance
from religious matters has been continuously broken.

Thus,the Sabrimala verdict on one side has a whole positive aspect of Gender Equality as
well as has a negative aspect of violation of Secularism.