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Social Justice

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July 21, 2018

Public temples, like public roads and schools, are places meant for public access and so the question of entry is, essentially, a question of equality. Critically discuss in the light of women entry ban in sabarimala temple. (200 words)

Refer – Financial Express

Enrich the answer from other sources, if the question demands.

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IAS Parliament 6 years

KEY POINTS

·         The custom in Sabarimala prohibits women of a certain age group, from visiting the shrine.

·         It claims its sanctity from the conception of the deity, Lord Ayyappa, as a celibate and notions of ritual pollution.

Temple management’s stand

·         The board has cited centuries-old practice and the founding principle of the temple being “naisthika bramhacharya” (disciplined & perennial celibacy) that involves ritually maintaining the temple’s “purity” and hence a logical analysis has no relevance.

·         Sabarimala governing board has cited that the "Kerala Hindu places of public worship rules", permits prohibition of entry of women where custom requires to do so.

Question of equality

·         Banning women of a certain age, to prevent any menstruating women from “defiling” the temple reduces all the women of that age group to secondary, not just in the eyes of the divinity and clergy, but also the law, if it allows the practice to continue.

·         This custom is site specific and is not followed in other Ayyappa temples.

·         Though Article 26 provides for freedom of religious institutions to manage their religious affairs, restricting entry of women into temple, is a direct violation of the fundamental rights that guarantee gender equality.

·         The managerial rights of religious authorities under Article 26(b) cannot override the individual woman’s religious freedom guaranteed under Article 25(1).

SC’s observation

·         Supreme Court said that only "essential practices of a religion" are immune from intervention of state.

·         Therefore in case the Sabarimala board fails to prove that prohibiting entry of women is as essential practice of religion, then the board cannot claim immunity under Article 26.

·         Recently, the apex court observed that the ban was “against the Constitutional mandate” and that women’s right to pray at the temple “is equal to that of a man and it is not dependent on a law” for women to be able to that.

SATHESH KUMAR R 6 years

Please Review

Thank You

IAS Parliament 6 years

Shorten the introduction part and make it relevant to the question. Otherwise a good try. Keep writing.

Shankaranand 6 years

Please Review

Thank You

IAS Parliament 6 years

Good attempt. Try to include the views of Sabarimala board in the beginning to enrich the answer. Keep writing. 

Abhijeet 6 years

Please review my work.

IAS Parliament 6 years

Understanding is good. Try to be more legible. Maintain word limit. Keep writing.

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