Women, Sabarimala temple and right to equality

This article is about the reasons that argument for the entry of women in Sabarimala temple and the Supreme Court decision over a religious practice…

Ages back the women folks were exploited and the same is happening in modern times. Hinduism abolished Sati — a female was forced to be burnt alive in the pyre of her husband. Raja Ram Mohan Roy started a campaign against it and it came to an end. But has this changed brought much change in the lives of the women folk in the present times!

Sabarimala temple is Ayyappa temple situated in the Sabarimala region in Kerala. Here the females of age 10 to 50 are not allowed to enter due to the menstruation problem. There has been a lot of hues and cry over this issue.

In 1991, this boycott to temple section for ladies was tested under the steady gaze of the Kerala High Court in S. Mahendran Vs The Secretary, Travancore case. Kerala High court decided for the preclusion of ladies entering the temple and asserted that these confinements have existed since time immemorial and not unfair to the Constitution. This request of the High Court was executed and pursued for the following 15 years. In 2006, the boycott was tested by the Public Interest Litigation recorded by the Young Lawyers Association with the Supreme Court, asserting that rule 3(b) of Kerala Hindu places of Public worship (Authorisation of entry) Rules 1965 that states, “women who are not by custom and usage allowed to enter a place of public worship shall not be entitled to enter or offer worship in any place of public worship” is infringement of established standards of equality, non-discrimination and religious opportunity. On April 25, 2016, the representative lawyer of the Devaswom, K.K Venugopal stated: "There is a sensible grouping by which certain classes of women are excluded". Supreme Court was concerned regarding the statement if menstruation was associated with purity of women. The case was then assigned to the Constitution Bench by the Supreme Court.

In 2018, Justice Dipak Misra, The Chief Justice of India, while addressing to the PIL, put a query to the temple's management over denying passage to women. The case was heard by a constitution bench headed by Justice Misra alongside Justices Rohinton Nariman, Justice AM Khanwilkar, Justice DY Chandrachud and Justice Indu Malhotra. The court held that Sabarimala pilgrims couldn't be a different group or religious division. The traditions are subjected to sacred legitimacy and preclusion of ladies passage to temple infringing upon the Fundamental Rights. Justice Chandrachud claimed, "Your entitlement to implore as a lady isn't subject to any law, it is a constitutional right". He additionally included that notice issued under the standards recommending the age restrictions on ladies entry as "discretionary on its essence".

The Sabarimala issue is not just about entry right to the women but now has become Religion Vs Fundamental Rights. In India, there are numbers of such issues which are still keeping the females deprived of rights.

In the year 2012, a similar campaign like that of Sabarimala temple was launched by the Bharatiya Muslim Mahila Andolan (BMMA) & Bhumata Brigade to offer prayers at the Haji Ali Dargah. It is the resting place of Sayyed Peer Haji Ali Shah Bukhari on the islet of Mumbai coast. This shrine is 585 years old. The Haji Ali Dargah is administered by the Haji Ali Dargah Trust a public charitable trust enrolled under the Maharashtra Public Trust Act. The trustees of the Dargah had chosen to deny ladies access to the grave area in 2011, calling the un-Islamic. It had expressed that it was redressing it’s earlier misstep of enabling ladies to touch the actual grave. The argument by the petitioner was that the Muslims deprive their women to equal rights, they keep them suppressed and the women folks don’t have a right to raise their voice in Islam.

On 26 August 2016, Bombay High Court decided that women to be allowed to enter the sanctum sanctorum. Even the Supreme Court sealed the verdict of Bombay High Court and the women were allowed to enter the shrine sacred area on 29 November 2016. This was welcomed by all the people across India. It was stated that now the Muslim women have got their rights which were deprived of them since the advent of Islam.

Hindu right wing against Supreme Court (Courtesy NewIndianExpress)

Similarly, the Supreme Court has ordered that the women should be allowed in the Sabarimala temple and the old practice should be done away with.

BJP against Supreme Court ruling over Sabarimala (Courtesy ABPlive)

In the case of Sabarimala temple, various Hindu groups are not accepting the decision of the Supreme Court and want a revision of the judgment. The present day’s ruling party Bharatiya Janta Party (BJP) is backing the agitation against the judgment.

Agitation against the Supreme Court (Courtesy Deccanherald)

Are the women not suppressed now by going against their right to enter the temple? It is not an insult to the highest court of law in India? The law of the land is above the ruling class or any religion but the BJP and other Hindu organizations are adamant for rather they are trying to show strength through mass gathering against the judgment.

Is this the respect to the law of the land?

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