ABSTRCT

Women constitute 50% of world population having

different status in family , structure ,class, caste
,property and society Sabarimala Temple row is all

1
about the conflict between tradition and women
rights.
As per traditions and customs, women between 10 and 50 years of
age were not allowed to enter into Sabarimala Temple .But the
situation changed when the Supreme Court on September 28, 2018,
ruled that restricting entry of women of menstruating age (between
10 and 50 years old) was unconstitutional . The landmark judgment
given by honourable Supreme Court has opened the gates of the
temple for female devotees of all age groups which has paved way
for women empowerment . However, the state government has been
facing difficulties to execute the Supreme Court order due to
massive protests.
Excluding women from access to the shrine is a clear violation of
their fundamental rights to equality (Article 14), non-discrimination
(Article 15), and freedom of religion (Article 25).The main issue is
not an entry, but equality. The religious exclusion has a public
character, and that it is not just an issue of a sacred tradition but one
of the civil rights and material and symbolic equality.

2
SUPREME COURT VERDICT ON
SABARIMAL A – ALL MEN AND
WOMEN HAVE EQUAL RIGHT TO
WORSHIP
3
 It is not that women is merely seeking her
freedom of livelihood ,struggling against men’s
monopoly of business, but against man’s
monopoly where he is breaking her heart
everyday and desolating her life. She must
restore the last social balance by putting the full
weight of woman into the creation of the human
world.1
Rabindranath Tagore

The status of women in India has been subject

to many great changes over the past few
millennia. From equal status with men in ancient
times to the modern women of today , she has
1
Womenofindia ;http://womenofindia.net/

4
created distinct place for herself. Woman is the
soul of the society and we cannot imagine
society without her existence.
Religion is a spiritual pursuit and an important
part of social organization.Specially in India ,
religion has a very important place which
determines various aspects. Temples are meant
for worshipping, religious or spiritual rituals, to
attain peace of mind ,to forget our sorrow and
pain ,to relax and meditate ,to submit ourself to
god and to connect with god.

Sabarimala Sree Dharma Sastha

Temple isone of the most famous Hindu
temples in India, located in the Pathanamthitta
district of Kerala. The temple is managed by the
Travancore Devaswom Board.
Main stakeholders of Sabarimala Temple are
Travancore Devasom Board, Tantri (head priest)

5
family, Pandalam Royal Family, Ayyappa Seva
Sangam etc.

The shrine at Sabarimala is an ancient temple

of Ayyappan also known
as Sasta and Dharmasasta.
Lord Ayyappan is worshipped as a ‘Naishtika
Bramhachari’ or a celibate for life. Therefore, as
per a notification by the Devaswom Board that
manages the temple, women belonging to the
menstruating age are not permitted to enter the
temple.

The devotees are expected to follow

a Vratham (41-day austerity period) prior to the
pilgrimage. About 2 crore devotees visit the
pilgrimage centre every year.2

The Supreme Court verdict on September 28,

2018, paved the way for the entry of women of
all ages into the Ayyappa temple at Sabarimala
2
http://sabarimala.kerala.gov.in
6
in Kerala.The five-judge constitution bench
headed by Chief Justice Dipak Misra, in its 4:1
verdict, said banning the entry of women into the
shrine is gender discrimination and the
practice violates the rights of Hindu women. It
said religion is a way of life basically to link life
with divinity.
The court observed that it can’t be oblivious to
the fact of the case that a class of women is
disallowed due to physiological reasons
(menstruation).The CJI said devotion cannot be
subjected to discrimination and patriarchal
notion cannot be allowed to trump equality in
devotion. While Justices R F Nariman and D Y
Chandrachud concurred with the CJI and
Justice A M Khanwilkar, Justice Indu Malhotra
gave a dissenting verdict.3

Ironically, in the 4-1 verdict on Indian Young

Lawyers Association & Others vs The State
of Kerala & Others, the only dissenting vote
3
Indian Young Lawyers Association vs The State Of Kerala on 28
September, 2018
7
was of the sole woman judge on the bench:
Justice Indu Malhotra.Justice Malhotra, in her
dissenting judgement, said that issues which
have deep religious connotation should not be
tinkered with to maintain a secular atmosphere
in the country. “We have no hesitation in saying
that such an exclusionary practice violates the
right of women to visit and enter a temple to
freely practice Hindu religion and to exhibit her
devotion towards Lord Ayyappa. “ said Justice
Indu Malhotra.

However, the Supreme Court verdict – that the

Sabarimala temple must be thrown open to
women of all ages – should be seen as another
victory for the cause of gender equality.

Update (13-11-18) – The Supreme Court on 13-

11-2018 admitted all 49 review petitions seeking
revisit of its September 28 order to allow women
8
of all age groups inside the Sabarimala
temple. The court has however not ordered any
stay on its earlier verdict allowing women entry
into the hill shrine. The apex court will hear the
49 petitions on January 22, 2019.4
Men cannot deny women the right to worship
and can neither dominate the women’s life
based on biological factors. The controvery over
women entry that is the ban on women entering
the temple premises is being practiced for
centuries as devotees consider lord Ayyappa,
the presiding deity as celibate .One of the
meanings of celibacy is refusal of sexual contact
with the opposite sex and according to the
temple authorities, if the women are allowed
then the celibacy of lord will be effected.The
question is that why the burden of celibacy of
men which is being argued as the entire basis of
restriction is on women? Why can’t men control
their own celibacy? It Is absurd to disallow a 11
year old or 49 year old woman inside the temple
because it disturbs the celibacy of deity! Such
4
the tribune, 13 november2018
9
discrimination also gives rise to gender
inferiority in the perspective of a 12 year old
GIRL who Is too young and tender to
understand the issue.
If one denomination of society is allowed,then
why not the other. In 21 st century such a
discrimination is shocking. What does it say
about the faith of a devotee of the temple who’s
deity might get disturbed by the presence of
women in the temple . Such a consideration
would rather comprise of a weak view of deity’s
power .Rather women must be allowed so that
truly the strength of deity’s celibacy, his
mechanism of self control .It is ironical that a
temple refuses the entry to half the humanity
that humanity which has given birth to the deity
himself. The deity was procreated from lord
Vishnu in his female incarnation mohini
something that makes the deity 2/3rd female.
Wasn’t the deity of SABARIMALA born out of
women and wasn’t he created by a woman so in
which world are we living?

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Women are considered impure during
menstruating period .what a bizarre view. India
is a land that exhibit motherhood above
everything else and how may one have
motherhood without menstruation. One should
understand that women are not only about
uterus , menstruation, menopause and child
birth. There is much more to it. The divinity, the
desire to pray, the spiritual desire and if on that
basis women are impure then the so called men
who are bornout of this impurity are impure too. I
must say that it is a cruel argument.

It would be a fair statement to make that of all

the organized global religion in the world,
women perhaps have the most visible and
prominent presence in hindu dharma. Feminine
spirituality is not something that needs to be
grafted onto hindu dharma as it has been
always the part of the faith . Womb is
considered sacred and that is the reason why
women donot prostate themselves by laying
down flat on the ground as it is the cradle of
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humanity in each and every woman .So how can
god discriminate . preventing women’s entry to
the temple with an irrational and obsolete notice
of purity dearly offends the equality clause of the
constitution.It denotes a patriarchal and partisan
approach .The entry prohibition takes away the
woman’s right against discrimination guaranteed
under article 15 of the constitution. Gender
equality is equality between men and women
states that with men and women are free to
develop their personal abilities and make
choices without the limitation set up by the
stereotypes,rigid gender roles and prejudices.
Gender equality means that different behaviour
aspiration and need of men and women have to
become the same, but that their rights ,
responsibility an opportunities will not depend on
whether they are born male or female. The
society tries to teach women how to silent
themselves and how to wear shame like it is
their second skin but the women should be
raised to shout to scream to hold their heads up

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high before the society teaches them to be in
typical state.

The soul has no gender as it is said that god is

paramatma that is the supreme soul,
selflessness is the attribute of god, where all
personality and individuality vanishes.
In hindu scriptures such as Ramayana and
Mahabharata epics have given a respectable
place to women. Women are called the root of
dharma ,prosperity and enjoyment in both the
epics In vedic timed women wore the same
sacred thread as equal to men. As the rig veda
states that women should have same right as
that of men in inheritance of property .In the
religious field wife enjoyed all the rights and
regularly participated in religious discourses.
There was no bar for women to read or study
any of the sacred literatures.
goddess Kali the depiction of shakti and
empowerment, Goddess Parvati the universal
mother, Godess Laxmi the godess of wealth and

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prosperity clearly states the position which
women have been given in our religion.
Women are the one who determine the
arrangement of the universe says the
yajnavalika text. Indians often worship I ndia as
bharatmata. Our country is always termed as
motherland, the fact that the land we live in
nurtures us lovingly as our own mother.
Our history depicts that women can become
flames to start revolution .when the women have
been showing rebellion against certain mindset
in our religious scripts ,then why are we victims
in 2018.the main agenda is that women are
speaking up and that is what frightens the
coward protectors of religion.

Thus one thing is for sure that god can never be

discriminatory and thus by following such
discriminatory practices we are keeping the faith
but losing out religion. If a women goes into the
temple at a particular time and duration it is her
own choice and liberty and not the wish of any
other person. One of the contentions by the
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temple authorities is that hindu faith has
diversity and thus respecting it, the temple
rituals must not be violated. Now it is unarguable
that sati , tantric human sacrifices ,child
marriage ,untouchability and then on that basis
the rule of diversity will include all the social
evils of the society. How can we hold the law
hostage in the name of religion . Is faith above
law?

We should know that throughout history,

constantly transformation has been there and
thus change as being law of nature, modern
approach must be followed. One looks to
Kerala to show the way to rational and equitable
future for all and it would be pity if gender
discrimination is practiced.
The bar seems to have been emancipated from
the paternalistic notion that women cannot
perform the penance of 41days. How can one
assume here that women cannot lead on
austere life for 41 days. During earliar times,
there was neither proper sanitation facilities nor
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any sanitary pads and women used ragged
clothes , charcoal or loincloth and thus it was
difficult for them to trek in the periyar forest .
Today many facilities are available and so life
has become much easier during the menstrual
cycle. Women now have thus access to all the
facilities. Today the doors are open but roads
are planked up,by the hypocrite society.
Rule 3(b) of Kerala Hindu Places of Public
Worship Rules 1965 restricted the entry of
women of age 10 to50 years into Sabarimala
temple which violated the constitutional
provisions under article 14,15,21 ,25and 26.

Article 14 gives each and every person right to

equality before law and so prevention of women
from entering any temple is violation of their
rights under article 145.

The biological factor exclusive to female gender

amounts to discrimination and thereby violates
the very core of article 14, 15 and 21 of the
5
Narinder Kumar, The Constitutional Law of India, Allahabad 2008,p 24
16
constitution. It curtails the religious freedom
assured by article 25(1)Sabarimala temple is a
public temple and thus it is important
determinant in adjudicating the claim of women
‘s entry .right to freely profess ,practice and
propagate religion is a constitutional right and
restrictions imposed on the entry of women
aged between 10-50 years is unconstitutional.
Gender equality, equality between men and
women, entails the concept that all human
beings, both men and women, are free to
develop their personal abilities and make
choices without the limitations set by
stereotypes, rigid gender roles and prejudices.
Gender equality means that the different
behaviour, aspirations and needs of women and
men are considered, valued and favoured
equally. It does not mean that women and men
have to become the same, but that their rights,
responsibilities and opportunities will not depend
on whether they are born male or female.
Gender equity means fairness of treatment for
women and men, according to their respective
17
needs. This may include equal treatment or
treatment that is different but which is
considered equivalent in terms of rights,
benefits, obligations and opportunities.6

Prohibition of women ‘s entry solely on the basis

of womanhood and the biological features
associated with womanhood is derogatory to
women ,which article 51 (e) aims to renounce .
The NGO happy to bleed intervened to opposed
the restriction, terming it as an outdated taboo
against menstruation.
Article 25(2)which throws open public hindu
institutions to all classes and sections of the
society can be applied only to social norms and
it does not apply to matters of religion covered
under article 26(b) of the constitution which
provides right to every religious denomination to
manage its own affairs in the matters of religion

6
— ABC Of Women Worker's Rights And Gender Equality, ILO, 2000. p.
48.

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7
.the ethical autonomy of women and the
intrinsic value of womanhood needs to be
asserted in the realm of spirituality .In the
landmark case of SR Bommai 1994, supreme
court said that , secularism operates as a bridge
for the country to move from traditions to
modernity. Thus the idea of individual liberty
must be respected and it is essential to prevent
monopolization of religious rights by a few under
the disguise of management of religious
institution
The supreme court opened the gates of the
temple for women devotee which is a landmark
judgment indeed but the decision left the
devotees agitated and thus the patriarchy and
prejudice has ensured that the doors remain
shut. The conservatives are bullying the law and
the nation. The constitutional bench led by
Justice Deepak Mishra said that court cannot
accept a practice mined in patriarchy and male
7
KUMAR,NARENDER, Constitutional Law of India,7th Edition,
Allahabad Law Agency,Allahabad,2008 pg 29

19
chauvinism. The SC verdict led to protests on 17
October 2018 when the temple was opened for
the first time since the Supreme Court verdict
came.
Even though some women of menstruating age
tried to enter the temple they were sent back by
Police after the protests turned violent. women
journalists were assaulted by the protestors and
Police had to resort to lathi-charge to disperse
them.

Sabarimala Karma Samithi, a relatively obscure

organisation called for a state-wide Harthal.
BJP-led NDA Kerala Unit and Shiv Sena Kerala
Unit supported the Harthal.

Pandalam Palace directed the temple high priest

(Tantri) to close the sanctum if any young
women enter temple premises. The Tanri
concurs with this view.Kerala government must
quickly find the golden mean between law and
belief.

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Some Important Supreme Court Important
Judgments on the Essence of Religion

 In the Ananda Marga case (2004), the

Supreme Court held that the public
performance of the Tandava dance was not
an essential part of the religion of the
Ananda Marga sect, even though it had been
specifically set down as such in their holy
book8
 In Shirur Mutt case, the Supreme Court
observed that a “religious denomination or
organization enjoys complete autonomy in
the matter of deciding as to what rites and
ceremonies are essential and no outside
authority has any jurisdiction to interfere with
their decision”. At the same time, the court
also said that the state can legitimately
regulate religious practices when they “run
counter to public order, health and morality”
and when they are “economic, commercial or
8
The Commissioner Of Police & Ors vs Acharya Jagdishwarananda
... on 11 March, 2004
21
 political in their character though they are
associated with religious practices9”.

Thus the difference between constitutional

morality and public morality and thus the right to
practice the religion of one’s own choice must
be respected. The sentiments of women must
be respected and those women who donot
want to go can wait as per their own choice as
the die-hard spiritualism of the women devotees
started campaigns like ‘Ready to wait.
Religion is becoming matter of convenience in
today’s world and the so called priests are the
modern day corruptors of our religion. The
question is that why should gender equality be
hostage to age old discriminatory tradition. It is
ridiculous to use traditions for justification for
such a misogyny. Why should women be
buckled to patriarchy. We should hang our
9 The Commissioner, Hindu ... vs Sri Lakshmindra Thirtha Swamiar ...
1954 AIR 282, 1954 SCR 1005

22
heads in shame if in 21st century the basic rights
are not available to women as in the question
between faith and right, right must be priority. it
is high time to stand up against sexism.

The recent issues of restriction on entry of

women in places of worship like Sabarimala,
Shani Shingnapur, and Haji Ali have once again
brought the focus on the debate ‘religious
tradition versus gender equality’

It is unfortunate that the courts have become the

arbiter of what constitutes true religion. This
situation has arisen because the Indian state is
the agent for the reform and management of
Hinduism and its institutions.

Beliefs and customs of devotees cannot be

changed through a judicial process. The reforms
should come from within the society. So long as
that does not happen, we are likely to see
religious issues being repeatedly taken to court.
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There is no denying the fact that women in India
have made a considerable progress in almost
seven decades of Independence, but they still
have to struggle against many handicaps and
social evils in the male-dominated society. Many
evil and masculine forces still prevail in the
modern Indian society that resists the forward
march of its women folk. It is ironical that a
country, which has recently acclaimed the status
of the first Asian country to accomplish its Mars
mission in the maiden attempt, is positioned at
the 29th rank among 146 countries across the
globe on the basis of Gender Inequality Index.
There has been amelioration in the position of

24
women, but their true empowerment is still
awaited.

Swami Vivekananda, one of the greatest sons of

India, quoted that, “There is no chance for the
welfare of the world unless the condition of
women is improved, It is not possible for a
bird to fly on only one wing. ” 10

Therefore, the inclusion of “Women

Empowerment’ as one of the prime goals in the
eight Millennium Development Goals
underscores the relevance of this fact. Thus, in
order to achieve the status of a developed

10
http://vedanta.org/our-teachers/swami-vivekananda/
25
country, India needs to transform its colossal
women force into an effective human resource
and this is possible only through the
empowerment of women

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 Bibliography
BOOK
1. KUMAR,NARENDER, Constitutional Law
of India,7th Edition, Allahabad Law
Agency,Allahabad,2008

2. Kant, Anjani , Law Relating Women and

Children,2nd Edition, Universal Law
PublicationCo,Delhi,2008

3. Ray,Kailash,Constitutional Law of India,8th

Edition, Central Law Publication, Delhi, 2009

4. Tripathi,S.C AND Vibha Arora, Law Relating

Woman and children, 3rd Edition, Central Law
Publication , Delhi, 2000

5. Aggarwal, Nomita,Women and Law in India,

New Century Publications,Delhi,2002

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6. Ahuja,S angeeta,People Law and
Justice,Sangam Books Limited, London,U.K

7. Jain, U.C ,Nair ,Jeevan, Judiciary In

INDIA,Pointer Publications,Jaipur, 2000

8. Krishna Iyer, V.R, Access to Justice. B.R

Publishing Corporation, Delhi, 1993

9. Krishna Iyer, V.R, Justice at Crossroads, Deep

and Deep Publications, New Delhi, 1994

10. Palkhivala,Nani A, We the Nation: The Lost

Decades,UBS Publishers, New Delhi,1994

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 JOURNALS AND
NEWSPAPERS
1. All India Reporter, All India Reporter Pvt.
Ltd, 1950 to 2016
2. Constitutional and Socio- Economic
Changes, a Lecture by JusticeH. R
Khanna, Patel Memorial Lectures
3. Justice Information Centre , A service of
Nations Criminal Justice Reference
Service,
4. The Hindustan Times
5. The Indian Express
6. The Times of INDIA
7. The Tribune

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WEBSITES
1. http://www.womenglobalaward.org/en

2. https://www.quora.com
3. http://www.unwomen.org/en/digital-
library/publications/2011/10/women-s-
empowerment-principles-equal
4. https://www.india.gov.in/my-
government/constitution-india
5. https://www.thebetterindia.com/130232/constituti
onal-amendments-india-constitution/
6. http://sabarimala.kerala.gov.in

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