All women may pray at Sabarimala

All women may pray at Sabarimala

News:

1. Supreme Court allowed the entry of women of all ages in Sabarimala Temple

Important Facts:

2. Sabarimala Temple in Kerala barred women aged between 10 and 50 on grounds of biological and physiological features like menstruation, from entering the temple.
3. The rules which mandate the ban were listed in Kerala Hindu Places of Public Worship (Authorization of Entry) Rules of 1965.
4. Why Ban was imposed on women of age between 10 and 50

• To protect the celibate nature of the Sabarimala deity. Presence of women deviate men from celibacy.
• Women of menstruating age would not be able to observe the 41-day period of abstinence before making a pilgrimage.
• Naishtika Brahmachari nature of the deity was a vital reason for imposing this restriction on young women

5. Why the ban was justifiable: Dissent Argument

• Sabarimala devotees have constitutionally protected denominational rights, that they are entitled to prevent the entry of women.
• Constitution of India assure every religious denomination to manage its own affairs (Article 26).
• Court cannot impose its morality or rationality with respect to the form of worship of a deity
• Essentiality of a religious practice or custom had to be decided within the contours of that religion. Such as women of menstruating age would not be able to observe the 41-day period of abstinence before making a pilgrimage.
• Since India is a land of diverse faith, ban was a matter of personal faith.
• Constitutional Morality in a diverse society gave freedom to practice even illogical custom.

6. Supreme Court in its judgement has observed the ban is unconstitutional because:

Constitutional implication:

• Rule of barring women is violative of Art 25.
• Discrimination against women is violative of the right to equality and dignity of women.
• Exclusion on grounds of biological and physiological features like menstruation was unconstitutional.

Discrimination on Socio-Religious Grounds

• Right to worship is equally available to men and women and cannot be a gender biased.
• The prohibition was a form of untouchability.
• Lord Ayyappa does not constitute a separate religious denomination and that the prohibition on women is not an essential part of Hindu religion.

7. It has been argued, patriarchy nature of society is responsible for ban, however the Kerala HC said the prohibition was not based on misogyny but the celibate nature of the deity.