SC comes up with Sabarimala verdict
The Constitution protects religious
freedom. The exclusion of women in the 10-50 age group from the Sabarimala
temple in Kerala had become an issue.
The Supreme Court came up with the
ruling, by a 4:1 majority, that the exclusionary practice violates the rights
of women devotees. The majority held that the prohibition on women is not an
essential part of Hindu religion.
The court has also sought to
grapple with the stigmatisation of women devotees based on a medieval view of
menstruation as symbolising impurity and pollution. The argument
failed to impress the judges. To Chief Justice Dipak Misra, any rule based on
segregation of women pertaining to biological characteristics is indefensible
and unconstitutional. Justice D.Y.
Chandrachud said stigma built around traditional notions of impurity has no
place in the constitutional order, and exclusion based on the notion of
impurity is a form of untouchability. Justice Rohinton F. Nariman said the
fundamental rights claimed by worshippers based on ‘custom and usage’ must
yield to the fundamental right of women to practise religion.
There was less movement and
physical exertion of woman in earlier days during the period, and no modern
accessories like sanitary napkin etc. were available. Those facts underlined
the taboo of visiting even local temples. The practice was more tuned to
aesthetics than equality under constitution.
The pilgrims of Shabrimala do not
know about the true meaning of worship and they do not have the knowledge of
soul and body. They are not able to differentiate between body and soul. They
need to learn that ''soul is neither male nor female.'' That means, they are
only looking at body not at that soul which is always pure. Lastly, there could
not be impartiality between male or female in the door of God.
However, this verdict is a product
of a limited majority. There is a larger and more powerful and yet silent and
law abiding majority with the intellect to discriminate better. That majority
consists of centuries old traditions and customs compliant Ayyappa devotees of
men and women of all ages. Let us see how many women from such a majority will
come forward to break the tradition and custom to enjoy the new liberalism
The judgment of the Apex Court is a
shot in the arm for women. The judgment is based on the fundamental rights to
equality of worship. It has also put an end to long held view of the Bombay
High Court that personal and religious customs are outside the purview of the
Contitution. Hereafter all personal and group laws and rules have to satisfy
the magnificent framework of fundamental rights enshrined in the Constitution.
The Court has correctly held that biological and natural factors cannot be used
to discriminate against women.
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