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Critical Analysis Of Sabarimala Temple Case




Shalini Singh, Amity Law School, Amity University, Lucknow, Uttar Pradesh

ABSTRACT

Kerala‘s Sabarimala Temple issue is about the conflict between women rights and tradition. The situation revolves around the age-old customs and SC‘s verdict which gave supremacy to constitutional morality over these customs. The Rule 3(b) of the Kerala Hindu Places of Public Worship [Authorization of Entry Rules, 1965 (Rules 1965)] which states that women at such time during which they are not by custom and usage allowed to enter a place of worship was the basis of the practice of excluding women from the age group ten to fifty years to enter the temple.1 These Rules were framed under Section 4 of the Kerala Hindu Places of Public Worship (Authorization of Entry) Act, 1965.

In 1993, a division Bench of the Kerala High Court had upheld the entry ban saying it is usage prevalent from time immemorial. The HC had further held that only the chief priest was empowered to decide on traditions. A five- judge Constitutional bench of Hon‘ble SC ruled 4:1 in favour of allowing women of all ages to enter the temple. It found the practice discriminatory in nature and that it violates Hindu women‘s right to pray and practice religion. It also ruled that devotees of Lord Ayyappa do not constitute a separate religious denomination as they do not have common religious tenets peculiar to themselves other than those which are common to the Hindu religion.

The present article will try to find out the answer to one of the most burning questions of this time that is the verdict given by Supreme Court on the entry of women in sabarimala temple of Kerala. It may be gender inequality in view of the Supreme Court but it is also a custom for many devotees and this decision by the Supreme Court is like an attack on their belief. Keeping this sensitive issue as a shield many media houses are playing dirty TRP games, politicians are politicizing the matter, several NGOs and so-called women activists are making their own profits in the name of women rights. This third-party interference should be stopped in such sensitive issues. The Fake- feminism also hits hard to the custom of our country, in the name of feminism some anti-social elements are trying to degrade our custom and demolish it.

Keywords: Sabarimala Temple issue, Kerala Hindu Places of Public Worship (Authorization of Entry) Act, 1965. ,Right To Pray And Practice Religion,gender inequality,Fake-feminism


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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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