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This article is written by Gauraw Kumar, a 2ndyear student of BVPNew Law College,
Pune. This article covers a very important case of 2018 “Indian Young Lawyers Association
vs State of Kerala and Ors.” popularly known as “Sabarimala Case” and tries to explain its
facts, history, issues and judgement of the case.
Ramanuj Mukherjee
CEO & Co-founder,
LawSikho
Table of Contents
1. Introduction
1. Introduction
2. Summary of Facts
Abhyuday Agarwal
3. Identification of Parties (including the name of the judges)
COO & Co-Founder,
4. Issues before the Court
5. Arguments by Parties on Issues
5.1. Arguments in favour of women entry
5.2. Arguments against women entry
6. Judgement (Ratio decidendi and Obiter Dictum)
6.1. Ratio decidendi
6.2. Obiter dictum
7. Critical Analysis of the Judgement
8. Case Description and Status
9. Conclusion
Introduction
Women in our society have always struggled for equal status and representation in public
spaces. But, the situation is changing now and various reforms have come through the
judgements of the Courts. Like in Shah Bano case, the Supreme Court has protected the
rights of Muslim women from the practice of triple talaq. In the case of Dr Noorjehan Safia
Niaz vs. State Of Maharashtra & Ors., the Supreme Court has allowed entry of women
inside Haji Ali Dargah.
Now, the case of ‘Indian Young Lawyers Association vs. State of Kerala and Ors.’ involved
women’s struggle for getting the entry in Sabarimala Shrine Temple located in the State of
Kerala. Women have done a lot of struggle for the protection of their rights. The Ayyappa
temple in Sabarimala region in Kerala has been controversial for provision of restricting
women of menstruating age (1015 years of age) to enter into Sabarimala Temple, Kerala.
In this case, there were many issues raised in which it was argued by petitioners that
provisions related to the restriction of women entry in Temple are unconstitutional as it
violates Article 14, 15, 17, 25, 26 of the Indian Constitution.
Finally, the Supreme Court held that women of all age groups can enter Sabarimala shrine
Temple as everyone has a right to worship and it is the constitutional and fundamental
right of everyone given in Article 25 and 26 of the Indian Constitution.
To know more about the Sabarimala Temple Case 2018 in brief, please refer to the video
below:
There are differences in Constitutional ideals and social reality. There is a wide gap
between provisions given in the Indian Constitution and the reality of society. In this case,
the Supreme Court has tried to bridge the gap between both.
Summary of Facts
There is a Hindu Temple dedicated to Ayyappan named Sabarimala shrine in the State of
Kerala. It is a temple located at Sabarimala inside the Periyar Tiger Reserve in
‘Pathanamthitta’ district of Kerala.
The Sabarimala shrine, which is one of the most famous temples in Kerala, had
restricted women (of menstruating age) from entry.
Several women tried to enter the Temple but could not because of threats of physical
assault against them.
A group of five women lawyers had moved the Apex Court challenging the decision of
the Kerala High Court which upheld the centuriesold restriction, and ruled that only the
“Tantrik (Priest)” was empowered to decide on traditions.
Such restriction of women entry is not violative of Article 15, 25 and 26 of the Indian
Constitution and also the provisions of Hindu Place of Public Worship Act, 1965. As there is
no restriction between two classes or sections of society but the restrictions are only for
women of particular age group.
In 2006, Members of the Indian Young Lawyers Association (consisting six women), filed a
petition in the Supreme Court to lift the ban to enter into Sabarimala Temple against
women between the ages of 10 and 50. They forwarded arguments that this ban was a
violation of their constitutional rights and also questioned the validity of provisions given in
Kerala Hindu Places of Public Worship Rules Act,1965 which supported it.
Petitioner(s): Indian Young Lawyers Association; Dr Laxmi Shastri; Prerna Kumari; Alka
Sharma; Sudha Pal.
Respondent(s): The State of Kerala; Travancore Devaswom Board; Chief Tanthri of
Sabarimala Temple; District Magistrate of Pathanamthitta; Nair Service Society; Akhil
Bhartiya Ayyappa Seva Sangham; Ayyappa Seva Samithi; Ayyappa Pooja Samithi;
Dharma Sanstha Seva Samajam; Akil Bhartiya Malayalee Sangh; sabarimala Ayyappa
Seva Samajam; Kerala Kshetra Samarak Shana Samithi; Pandalam Kottaram Nirvahaka
Sangham; sabarimala Custom Protection Forum
In this case, there were 5 judges constitutional bench includes Chief Justice of India Dipak
Misra, Justice A M Khanwilkar, Justice R F Nariman, Justice D Y Chandrachud and Justice
Indu Malhotra.
Whether this restriction imposed by the temple authorities violates Articles 15, 25 and
26 of the Indian Constitution?
Whether this restriction violates the provisions of Kerala Hindu Place of Public Worship
Act, 1965?
Whether the Sabarimala Temple has a denominational character?
This restriction violates Article 15, 25 and 26 of the Indian Constitution:
Article 15 deals with “prohibition on the ground of religion, race, caste, sex or place of
birth”. Here, this practice involves violation of Article 15 as discrimination to enter the
temple was based on ‘sex’.
Article 25 deals with “freedom of conscience and free profession, propagation and practices
of religion”. Here, this practice involves violation of Article 25 as it prevents women from
freedom of practice of religion.
Article 26 deals with “freedom to manage religious affairs”. Here, this practice clearly
violates the provision of Article 26.
The provisions in Kerala Hindu Place of Public Worship Act, 1965 which support
restriction to women’s entry in the temple is unconstitutional as it violates Article 14,
15, 25 and 26 of Indian Constitution.
One of the arguments from the side of the petitioner that the Lord Ayyappa temple was
not a separate religious denomination for Article 26 because the religious practices
performed in Sabarimala Temple at the time of ‘puja’ and other religious ceremonies are
not different from other religious practices performed in other Hindu Temples.
There is no violation of Article 15, 25 and 26 of the Indian Constitution as the restriction
is only in respect of women of a particular age group and not women as a class. If the
practice of restriction to the entry of women is made for women as a class, then only it
will violate the abovementioned Articles of the Indian Constitution.
The provisions in Kerala Hindu Place of Public Worship Act, 1965 also support this
restriction.
On 28th September 2018, the Court delivered its verdict in this case by 4:1 majority
which held that the restriction of women in Sabarimala Temple is unconstitutional. It held
that the practice violated the fundamental rights to equality, liberty and freedom of
religion, Articles 14, 15, 19(1), 21 and 25(1). It struck down Rule 3(b) of the Kerala Hindu
Places of Public Worship Act as unconstitutional. Rule 3(b) allowed for Hindu denominations
to exclude women from public places of worship, if the exclusion was based on ‘custom’.
The Apex Court has allowed entry of women of all age groups to the Sabarimala Temple,
and held that “Devotion can not be subjected to Gender Discrimination.”
Obiter dictum
‘Obiter dictum’ is a judge’s expression of opinion uttered in court or in a written judgement,
but not essential to the decision and therefore not legally binding as a precedent.
In this case, the Court ruled thus:
“We have no doubt in saying that such practice infringes the right of women to enter a
temple and freely practice Hindu religion”.
“Devotion can not be subjected to Gender Discrimination”.
Hon’ble Chief Justice of India stated in his Judgement that religion is a way of life linked to
the dignity of an individual and patriarchal practices based on the exclusion of one gender
in favour of another could not be allowed to infringe upon the fundamental freedom to
practice and profess one’s religion.
Click here
Chief Justice Dipak Misra, Justice R F Nariman, Justice A M Khanwilkar and Justice D Y
Chandrachud constituted the majority.
Chief Justice of India Hon’ble Dipak Misra while reading out portions of the judgement
written for himself and Justice A M Khanwilkar said that women are not lesser or inferior to
men. Religious patriarchy cannot be allowed to triumph over belief. Biological reasons
(such as menstruation) can not be accepted in freedom for faith. Religion is basically a way
of life.
The Judgement of the Chief Justice of India also held that Ayyappa devotees will not
constitute a separate religious denomination. Rule 3(b) of the Kerala Hindu Places of
Public Worship (Authorization of Entry), Rules 1965 which prohibited entry of women in
Sabarimala, was also struck down as being unconstitutional.
The separate but concurring opinion of Justice Nariman held that “Anything destructive of
individuality in anachronistic of Constitutionality. To treat women as people of lower status
blinks at the Constitution itself”. It was held that Ayyappas do not constitute a separate
religious denomination.
Justice Chandrachud in his separate but concurring opinion held that the idea behind the
ban was that the presence of women will disturb virginity, and that was placing the burden
of men’s virginity on women. This stigmatises and stereotypes women, he observed.
Justice Indu Malhotra, in her lone dissent, held that issues of deep religious sentiments
should not be ordinarily be interfered by the Court. The Court should not interrupt in this
matter unless if there is any resentful person from that section or religion. The notion of
rationality should not be seen in religious matters. She also held that shrine and the deity
are protected by Article 25 of the Indian Constitution.
Case Description and Status
The Apex Court has declared that the practice of restricting women of a specific age group
in their ‘menstruating years’ from entering Sabarimala Temple is unconstitutional.
Current Status of case: There are review petitions filed challenging the judgement pending.
Conclusion
Freedoms related to religion are essential elements for the functioning of democracy in a
country like India. As we know, Constitutional ideals and Social reality are very different
from each other but it is also necessary to reduce the differences as much as possible for
the smooth and proper functioning of society. In the case of ‘Indian Young Lawyers
Association vs. State of Kerala & Ors’, Apex Court has tried to bridge the gap between
constitutional ideals and social reality.
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1 COMMENT
tushar April 22, 2020 At 2:30 am
SIR,
BEST ARTICLE FOR THE JUDGEMENT CONSIDERED…
THIS WILL HELP ME A LOT FROM EXAMINATION POINT OF VIEW
HOPE YOU WILL POST THESE TYPES OF ARTICLES REGULARLY…..
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