A research paper on

A critical study on the topic of constitutional inequality faced by women in sabarimala

AUTHOR
SRI ROSHINI.S
BA.LLB (HONS) - II year

SAVEETHA SCHOOL OF LAW

SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES(SIMATS)

SAVEETHA UNIVERSITY

CHENNAI 77

twinklingrose25@gmail.com

9790911909

CO AUTHOR

Mrs BLESSIE AHINO

Assistant Professor Of Law.
SAVEETHA SCHOOL OF LAW

SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES(SIMATS)

SAVEETHA UNIVERSITY

CHENNAI 77

blessieahino.j@gmail.com

9042999176
 A critical study on the topic of constitutional inequality faced by women in sabarimala

​AUTHOR - S.SRI ROSHINI

CO AUTHOR - BLESSIE AHINO

ABSTRACT​:
​The current paper discusses about the issues related to Preventing women’s entry
to the Sabarimala temple with an irrational and obsolete notion of “purity” clearly offends the
equality clauses in the Constitution. It denotes a patriarchal and partisan approach. The entry
prohibition takes away the woman’s right against discrimination guaranteed under Article 15(1)
of the Constitution. It curtails her religious freedom assured by Article 25(1). Prohibition of
women’s entry to the shrine solely on the basis of womanhood and the biological features
associated with womanhood is derogatory to women, which Article 51A(e) aims to renounce.
The classification based on age is, in essence, an act of discrimination based on sex.

KEYWORDS:
Biological features, classification based on Age, Discrimination based on sex, Women’s right,
Womanhood

INTRODUCTION:
India, notable for its rich diversity and plurality, has been known to be an
egalitarian society. With the right to equality enshrined in the Indian constitution, the
discrimination based on caste, class, gender and religion, is seemingly obsolete in the modern
era. Nevertheless, the blatant injustice suffered by the marginalised sections in the hands of the
patriarchal world, unveils the fact that inequality is still a palpable truth in the so-called
“progressive” society.
 Right from the segregation on wages among men and women at work to the denial of
access to women to certain places of worship, inequality lingers around the nook and corner of
the society. Apparently, the religious institutions which ought to have ensured impartiality
among the people explicitly created a barrier discriminating the opposite sexes.Sticking to the
age-old customs and traditions, the vehement opposition of religious heads towards the entry of
women in certain religious places like Sabarimala in Kerala foregrounds the breach of
fundamental rights manifested in the Indian constitution.
The restriction regarding the entry of women aged between 10 and 50 in the hill
shrine of Lord Ayyappa at Sabarimala in Kerala traces back to the time immemorial. But the
constraint became a law, following the Public Interest Litigation (PIL) filed by a devotee on the
ground that Lord Ayyappa was a celibate and the entry of women belonging to the
aforementioned age group should be prohibited to prevent the deviation of idol from celibacy. In
1991, Kerala High court issued directions preventing the entry of women in the particular age
group.
The aim of this paper is to discuss about the inconclusive issue raised in
Sabarimala,restricting women of particular age gap to enter the pilgrim. To discuss about the
reason behind the restriction of women into sabarimala. To study The recent discussion made by
the supreme Court regarding this issue.

HYPOTHESIS:
Alternate hypothesis: ​There is a change in the above issue and it’s been continued still that
women are not allowed to enter the pilgrim.
Null hypothesis: ​There is no such change in the above issue and it’s been continued still that
women are not allowed to enter the pilgrim.

MATERIALS AND METHODS:

The study is adopted the design of descriptive and statistical.​Primary source include
Questionnaire method. Secondary sources includes Books, blogs, articles,journals, e sources etc
The study identified the research problem from the current scenario and supported with
literature. Based on the literature the study framed the hypothesis. The sampling technique used
is non probability sampling because the respondents are not given equal chance to collect the
respondents since the population is unknown. So the study followed the convenience sampling
method. The data collected from the respondents using questionnaire consists of demographic
details and the items to measure. The samples are reached around 51. The study used the SPSS to
sort out the analysis. The current proved the hypothesis using frequency analysis,regression and
correlations.

BAN OF ENTRY OF WOMEN INSIDE SABARIMALA:

Sabarimala temple in Kerala says on its website it allows people of all religions and castes to
pray inside.

The temple has, however, been in the news for a case against restricting women’s entry inside
the shrine.The Supreme Court on Friday referred to its constitution bench the matter pertaining
to the ban on entry of women at Sabarimala.

* There are restrictions on the entry of women in the age group of 10 to 50 years in the shrine
because the presiding deity Lord Ayyappa is considered to be a ‘naishtika brahmachari’
(perennial celibate). The temple’s management had told SC that women of menstruating age
can’t be allowed on account of “purity”.

Critics say the restriction violates women’s fundamental right to not be discriminated against.
Sabarimala’s official website says it is “open to all, irrespective of caste, creed or religion”.

* A controversy began when Jayamala, a Kannada actor, claimed in 2006 that she had entered
the sanctum sanctorum and touched the idol of the presiding deity in Sabarimala. With the
incident leading to a storm, the Kerala government had then ordered a crime branch probe but
the case was later dropped.

MENSTRUATING WOMEN NOT ALLOWED IN ANY TEMPLE: SABARIMALA

BOARD TO THE SUPREME COURT

The management of the Ayyappa temple in Sabarimala justified the bar on women in
menstruating age entering its sanctum sanctorum, saying that it was not a practice particular to
the Kerala shrine.

But the Supreme Court rejected the argument, saying the condition in effect amounted to a ban
throughout a woman’s lifetime on going to the temple.

“This is an imposition impossibility,” a five-judge bench led by Chief Justice Dipak Misra said,
alluding to the fact the bar on menstruating women in effect meant that they cannot complete the
41-day penance to enter the temple anytime during their lifetime.

All devotees have to go through this penance during which they have to adhere to abstinence and
shun alcohol and non-vegetarian food, senior advocate Raju Ramachandran, who is the amicus
assisting the court in the case, pointed out. Kerala, through senior advocate Jaideep Gupta,
agreed that the condition must go, insisting that given the “ephemeral” nature of life, the bar on
women between the age of 10 and 50 (their reproductive phase) meant that no woman could
enter the temple in her life
​He, however, rejected the argument that the practice was akin to untouchability.

WHY DOES THE BAN OF WOMEN IN SABARIMALA IS NEITHER BASED ON

HISTORICAL NOR ENTIRELY BASED ON RELIGION:
 ​Supreme Court of India will soon be hearing the final arguments on the question of the
restriction imposed on women in the reproductive age from entering the Sabarimala temple in
Kerala, in southern India. The court had earlier questioned the constitutional basis of the
restriction, at the behest of a the public interest litigation (PIL) placed before the apex court of
India by the Indian Young Lawyers Association (IYLA) where it called for allowing women of
all ages to be allowed entry to the temple.

The petition has also come to the special attention of the court owing to numerous death threats
to the lawyers who gave the petition. Prayar Gopalakrishnan the Sabarimala temple chief who
had remarked that women will be allowed to enter the temple with the invention of machines to
check the purity of women, triggered nationwide debates on the notion of menstruating women
being impure and the viral campaign of “HAPPY TO BLEED” which was followed by a letter
written by a young college student Nikita azad to Prayar Gopalakrishnan. The perpetuation of
such discrimination on the basis of women’s natural biological process of menstruation goes
against the fundamental rights, against freedom from discrimination which is guaranteed by the
constitution. It can also be viewed as a restriction on access to public spaces such as the public
roads from Pampa to Sannidhanam (Ayyappa temple) which is also against fundamental rights
guaranteed to citizens of India irrespective of caste, creed and gender.

I will now be considering the case history of Sabarimala temple entry of women as it came up
during the early 90s. The 1991 S. Mahendran vs The Secretary, Tranvancore (1991),[AIR 1993
Ker 42] , Kerala High Court judgement is being cited by those upholding the ban on women
entering the Sabarimala temple in Kerala. As I was glancing through the full judgement, it was
evident that young women in the reproductive age were not banned from entering the temple
except during Mandala kalam, Makaravilakku and vishu seasons. This has been also evident
from the former Devaswom (Travancore Devaswom Board) Commissioner Smt. S. Chandrika’s
statement that ​“​the entry of young ladies in the temple during monthly poojas is not against
the customs and practices followed in the temple.​”​Here she also admits that her
granddaughter’s first rice feeding ceremony (choroonu) was held at Sabarimala temple. All these
details contained within S. Mahendran vs The Secretary, Travancore (1991) states that young
women were free to go to Sabarimala except during the three seasons mentioned above.

Justice Mishra, while going through the recent PIL submitted by IYLA had asked Travancore
Devaswom Board what proof it had to say that women never entered the temple 1500 years ago.
The recent statements given by the board in this petition seems to be countering the statements
made by former Devaswom commissioner Smt. S Chandrika in 1991 about women having no
restriction to enter the temple apart from the three seasons that has already been mentioned.As
the case proceeded in 1991 with all the respondents, the High Court Bench of Justices K.
Paripoornan and K.B. Marar examined the Sabarimala Tanthri since the Travancore State
Manual stated that only the Tanthri could authoritatively give answers on such
questions.TANTRI SHRI NEELAKANTARU testified that women belonging to the restricted
age group of 10 to 50 years were prohibited from entering the temple even before 1950, although
the statement made by Smt. Chandrika had said that the entry of young ladies in the temple was
not against the customs and practices of the temple.The High court gave the final order that the
restriction on women in the age group of 10-50 is in accordance with the customs of the temple
and does not violate of Art 15, 25 and 26 of the constitution.

One can see how the total ban on the women of reproductive age from entering the Sabarimala
temple stemmed from ​“s​ ome devotees fear that women of menstrual age may defile the
temple by their presence​” (MG Radhakrishnan, 1995). KERALA DEVASWOM MINISTER G
SUDHAKARAN had also remarked in 2007 that there is evidence to prove that women had
visited the temple and there is need to restore a right once enjoyed by women.NIVEDITHA
MENON talks about the ​“​the impossibility of appealing to women as a category unmediated
by other identities like religion and caste.​” It is in such circumstances that one has to see the
vision of the framers of the Indian constitution when they did not go for complete separation of
the state and the religion.The words of B. R Ambedkar (Chairman of the drafting committee of
the Indian constitution) comes as a particular reminder in the understanding of the role of the
constitution and legal machinery to be able to provide social justice.He had remarked that ​“t​ he
religious conceptions in this country are so vast that they cover every aspect of life, from
birth to death. There is nothing which is not religion and if personal law is to be saved, I
am sure about it that in social matters we will come to a standstill​.” Here one can see where
Ambedkar hints on the conscience collective drawing from religion that they cover almost all
aspects of life and death. Durkheim, the classical sociologist examined the situation of
mechanical solidarity where ​“the totality of beliefs and sentiments common to average
citizens of the same society forms a determinate system which has its own life; one may call
​ hile conscience collective holds the society
it the collective or common conscience.​”W
together, it also necessitates changes to the nature of solidarity when the society becomes more
diffuse and the constituent elements become more distinct and developed.

The intervention of the state law into the customary practices of the various communities is seen
to have produced far-flung changes in the nature of these laws which existed prior to them. It is
to be noted that this is not just a linear process whereby the non-state acquires the elements of the
state law, but also a case where the state law or the dominant law also seems to assimilate the
elements of the customary law.The courts in India have led social reform agendas in a country
that is still largely enveloped by some form of conscience collective which can be oppressive to
marginalised groups in the society such as scheduled castes, minorities and women.India has also
witnessed murders of social reformers and activists such as NARENDRA DABHOLKAR who
had also fought gender bias in temples and places of worship. Thus, the emancipatory role of the
apex court is of utmost importance in fighting such deep rooted biases which exist in the society.

CONCLUSION:
As this case is inconclusive,there are still discussions moving on in Supreme court regarding this
issue.As per my analysis and view on this critics it is mandatory for women not to enter any of
the pilgrims or the holiest places on their menstrual days.The Sabarimala on this issue has many
such reasons not only on the historical view but also on the religious customs and the traditions
that has been followed for ages.Being a girl or a women some of the customs are meant to be
followed such as,to enter the pilgrim both the men and women ought to be on the ritual fast for
almost 41 days in which women gets their menstrual days twice.holding on to this women cant
be a part of the ritual fast once she becomes an adolecent.Hence it is one the reasons behind the
restriction of women to enter the temple.Having a biased thought of gender equality is not a
proper term to be mentioned as there are terms which are to be followed naturally by women and
not by men.Hence Gender equality has no part to play in this issue.