SABARIMALA TEMPLE CASE-2018

    INTRODUCTION-SABARIMALA TEMPLE

    The Sabarimala case situates in Shasta, Sabarimala in Kerala. The central dispute of this temple was God Ayyapan was a celebrate God. And within centuries, no women were allowed to enter inside the temple, and only males were allowed to get inside the main temple.

    In the 21st century, man and women treated equally, and equal right to man and woman were given in article 14, with this under article 25, every person has the right to worship his religion, but restricting the women to enter inside the temple was a violation of the fundamental right of the citizen.

    As per the high court judgment, the high court followed the old customs prevalent in the temple for centuries, and as per the high court, no women between the age of 10- 50 years old are not allowed to enter the temple premises. Did not allow women to enter the temple during puberty stage worship Lord Ayyapan.

    Whereas the supreme court overruled the high court’s judgment by giving consent in 4:1, all four judges agreed that not permitting the women to enter inside the temple is a violation of fundamental rights except one judge. Later, the verdict disposed of the high court’s guidelines and allowed women to enter inside the temple.

    BACKGROUND-SABARIMALA TEMPLE

    May women attempted to come inside the temple but permanently put restrictions on women by the temple devotee. The high court permitted the police to stop the women from entering inside the temple. If by chance any women during the puberty period entered inside the premises of the temple, the temple would be closed for the next two days for purification, and after cleansing, the temple gates open.

    Apart from this, three dancers danced inside the temple premises. For a Tamil film, the court charges the fine of rupees 1000 for each of all three actresses and filed charges of rupees 7,500 rupees on the dewaswom board for allowing the actresses to enter inside the temple.

    At the main gate, the policeman was allowed to check the valid ID proof with the date of birth or age; only women above 50 and girls below ten were allowed to enter inside the temple with valid ID.

    With this, many books and journals wrote that prescribed that within centuries no women are allowed to enter inside the temple premises. This practice was prevailed as customs and governed and protected by rule 3(b) of Kerala Hindu Places of public worship rules, 1965. The authorities allowed the temples to formulate their regulations and exclude women from entering inside the temple.

    As per article 26, the board has the legal responsibility to manage their temple customs as guaranteed by the constitution.

    In the case of s. Mahendran v. The secretary Travancore- the custom was giving priority rather than equality, so cannot change the temple’s tradition, only woman after puberty allowed to enter inside the temple.

    JUDGMENT-SUPREME COURT

    In the case filed by Indian young lawyer associates v/s state of Kerala, in 2006, 6 women member of this association files the petition in supreme court challenging that not permitting the women inside the temple is unconstitutional in nature and violation of fundamental right.

    The case remains untouched for several years, and later on 20th February 2017, the court ordered to refer the patient to the constitutional bench of 5 judges.

    On 28th September 2018, the judges of constitutional benches delivered the verdict of 4:1. The majority of four judges agreed the women of any age must be allowed to enter the temple. The barred on women between age 10-50 is a violation of women’s fundamental rights, and section 3(b)  of public worship rule violates women’s rights.

    CONCLUSION

    The Supreme Court’s overruled judgment created destruction and violence by protesting against the verdict. Ayyapan devotees joined the protector. The temple devotees often close the temple for two days for purification when any woman of puberty age entered inside the temple. With lots of oppression and protest, many women still recorded to join in the temple.

    REFERENCE-

    ENTRY OF WOMEN IN SABARIMALA-https://en.wikipedia.org/wiki/Entry_of_women_to_Sabarimala

    SABARIMALA TEMPLE ENTRY-https://www.scobserver.in/court-case/sabrimala-temple-entry-case

    OTHER LINKS-

    NITHARI MURDER CASE-https://legalacharya.com/caseanalysis/nithari-murder-case-2021-legal/

    NEERAJ GROVER MURDER CASE-https://legalacharya.com/caseanalysis/neeraj-grover-murder-2020-legal/