• Sign In/Sign Up
  • Menu
  • +Clients Back

    • Get Free Legal Answers
    • Get Fee Estimates
    • Find Lawyers
  • +Lawyers

    • Case Diary & Office Manager
    • Post News & Artilces
    • Post Jobs & Internships
  • +Law Students

    • Campus Ambassadors
    • Find Jobs & Internships
    • Post News & Articles
    • Resource Sharing
  • +Law Schools

    • Post Admissions
    • Post Opportunities
    • Get Law School Rating

  • Home
  • News/Articles
  • Indian Young Lawyers Association & Ors. v. State of Kerala: The Sabrimala Judgement a question of Religious Practice vs Fundamental Rights

Latest News

Back

Indian Young Lawyers Association & Ors. v. State of Kerala: The Sabrimala Judgement a question of Religious Practice vs Fundamental Rights

Courtesy/By: Sanyam Agarwal  |  26 Nov 2020     Views:1674

Facts: 

As per a notification by the Devaswom Board that manages the temple, women belonging to the menstruating age particularly the age between 10 to 50 years were not permitted to go inside the temple. The Sabarimala temple which is managed and controlled by the Travancore Devaswom Board through its notification sustained the centuries-old restriction which bars the entry of menstruating women in the temple. The notification was challenged primarily in the High Court of Kerala where the Division Bench upheld the notification and sustained the centuries-old practice.

A famed astrologer in 2006 conducted a temple-centric assignment called ‘Devaprasnam’ and proclaimed of having found signs of a woman’s entry some time back in the bounds of the temple. Soon, a well-known Kannada actress-politician Jayamala claimed publicly that she had entered the environs of Sabarimala in 1987 which became a huge outrage for the localities. To this, she claimed to have touched the deity inside the sanctum sanctorum which led the Kerala government to probe the matter, but the same was dropped.

Kerala’s LDF government filed an affidavit supporting a PIL filed by women lawyers questioning the ban on the entry of women in Sabarimala in 2008 and in 2016 ‘The India Young Lawyers Association’ filed a PIL with the Supreme Court, Indian Young Lawyers Association & Ors. v. State of Kerala (2018) SC 1690 contending that Rule 3(b) of the 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” and alleged that the rule violates constitutional guarantees of equality, non-discrimination and religious freedom; and was supported by Kerala’s Left Front government which also favoured the entry of women of all age groups. The five-judge bench was constituted comprising of Chief Justice Dipak Misra, Justice A.M. Khanwilkar, Justice R.F. Nariman, Justice D.Y. Chandrachud and Justice Indu Malhotra and framed the following issues.

The case majorly deals with the constitutionality of the said social norm concerning Articles 14, 15(3) and 25 of the Indian Constitution. The other issue that arises from the matter is whether such social practice lies in the ambit of the ‘essential religious practise’ in light of Article 25 of the Constitution of India. The other major issue was whether the ‘Ayyappans’ could be constituted as a different religious denomination or not.

 

Analysis:

The judgement was passed by a ratio of 4:1 where the Hon’ble Chief Justice and his companion judges in different words unequivocally sustained and upheld that even in matters of religious faith, governments, religious and other institutions and the people of India are bound by the constitution of the country ad are to abide by the fundamental rights entailed within it. The court while deciding on the issue that whether the practice constitutes an ‘essential religious practice’ delved upon the case of Commissioner of Police and others v. Acharya Jagadishwarananda Avadhuta (2004) 12 SCC 770 and others where the true nature of essential practice is discussed and thereby elaborated the practice as the one “upon which a religion is founded. Essential practice means those practices that are fundamental to follow a religious belief. It is upon the cornerstone of essential parts or practices the superstructure of religion is built. Without which, religion will be no religion.” Thus referring to this judgement, the bench distinctly nullified the claim of calling the practice as an essential part of religion by corroborating it with the conclusion that the worship of Lord Ayyappa is done by Hindus and added: “it is an essential part of the Hindu religion to allow Hindu women to enter into a temple as devotees and followers of Hindu religion and offer their prayers to the deity” and there was no contending evidence to the same presented by the respondents.

In my opinion, Justice Malhotra in her dissenting opinion sets a dangerous precedent by stating that courts should not delve into the rationality of religious practices. Though in a judicial system like India, which is somehow based on Hans Kelsen’s theory, where the Constitution plays as the ‘Grundnorm’, and all the other laws and rules need to align with it then we cannot deny the supremacy of Constitution regardless of the fact that customs were one of the primary sources of the legal system.

The court also enunciated that whether ‘Ayyappans’ created a different religious denomination apart from the mainstream religions the court referred to the judgement in S.P. Mittal v. Union of India & Ors. (1983) 1 SCC 51 where the question whether a community formed a different religious denomination was discussed in detail and majority replied it in negative but refrained from coming to any conclusion by referring the matter as one related to facts and the present case being a writ matter.

 


Document:


Courtesy/By: Sanyam Agarwal  |  26 Nov 2020     Views:1674

News Updates

The Legal Framework of Bail Conditions in India: B...
25 Oct 2024     Views:3298
Changing an Arbitrator Mid-Proceeding: Legal Frame...
23 Oct 2024     Views:2785
IMF Retains India's FY25 GDP Growth Forecast at 7%...
22 Oct 2024     Views:2809
The Evolving Landscape of Russian Anti-Suit Injunc...
22 Oct 2024     Views:2626
Hyundai’s IPO vs Competitors: How the Auto Giant...
15 Oct 2024     Views:2709
The Validity of Arbitration Agreements Post Decree...
14 Oct 2024     Views:2410
SEBI Issues Checklist for AIFs, Their Managers, an...
08 Oct 2024     Views:2628
The Siemens v. Russian Railroads Case...
07 Oct 2024     Views:2621
Empowering Minds in Confinement: Bombay HC’s Lan...
03 Oct 2024     Views:2761
The Dynamics of Novation in Contract Law and Its I...
02 Oct 2024     Views:2899
SEBI Establishes Consistent Evaluation Standards f...
01 Oct 2024     Views:2632
Landmark Decision by Austrian Supreme Court on Arb...
30 Sep 2024     Views:2621
Key Considerations for Indian Commercial Claims...
25 Sep 2024     Views:2590
Boom or Bust: Africa’s Oil Giants Face Declining...
23 Sep 2024     Views:2686
The Growing Role of Arbitration in Intellectual Pr...
23 Sep 2024     Views:2653
Supreme Court Greenlights Sub-Classification of SC...
20 Sep 2024     Views:2938
SEBI's Employee Grievances Prompt Formation of Wor...
19 Sep 2024     Views:2791
Environmental Law in India: Challenges and Opportu...
18 Sep 2024     Views:3553
Navigating the New Legal Landscape of Exclusive Ju...
16 Sep 2024     Views:2768
The Anatomy of Joint Venture Breakups in India (an...
31 Jul 2024     Views:3102
The Integration of ESG in India's M&A Landscape...
31 Jul 2024     Views:3002
Future of AI in Legal Systems and Conflict Resolut...
21 Jul 2024     Views:3224
World Health Assembly Revises International Health...
21 Jul 2024     Views:3074
Pokemon GO Fans Concerned Over Restrictive New Ter...
21 Jul 2024     Views:3190
Landmark Judgment on Setting Aside Arbitration Awa...
21 Jul 2024     Views:2964
Understanding the Process of Issuing Summons in In...
11 Jul 2023     Views:6232
Understanding the Unlawful Activities (Prevention)...
10 Jul 2023     Views:4889
Understanding the Mental Health Act in India: A St...
09 Jul 2023     Views:4925
Combating Manual Scavenging in India: A Call for S...
07 Jul 2023     Views:4762
Impleadment in Supreme Court of India: A Comprehen...
05 Jul 2023     Views:5653
Unraveling the Distinction: Culpable Homicide vs. ...
03 Jul 2023     Views:5035
Understanding the Difference between Money Bills a...
02 Jul 2023     Views:3596
Understanding the Civil Procedure Code in India: A...
01 Jul 2023     Views:4329
The Rights of Criminals in India: Upholding Justic...
30 Jun 2023     Views:3612
Exploring the Differences between the US and India...
29 Jun 2023     Views:3626
What to Do If the Police Refuse to Register Your F...
26 Jun 2023     Views:3860
Timeline of Environmental Protocols: A Global Effo...
25 Jun 2023     Views:3571
How to Deal with Cheque Bounce Cases in India...
24 Jun 2023     Views:3556
Pursuing a Lucrative Litigation Career in Indian L...
22 Jun 2023     Views:3586
Understanding the Emergency Provisions of India: S...
21 Jun 2023     Views:3590
Environment Legislation in India: A Comprehensive ...
20 Jun 2023     Views:3921
Understanding the Emergency Powers of the Constitu...
18 Jun 2023     Views:3452
Understanding the Emergency Powers of the Constitu...
17 Jun 2023     Views:3454
Timeline of Same-Sex Laws in India: A Journey Towa...
16 Jun 2023     Views:3888
Sir Creek Dispute and Legal Implications...
15 Jun 2023     Views:4073
Jurisprudence of NDPS Laws in India: A Comprehensi...
14 Jun 2023     Views:3674
Impleadment Proceedings: A Comprehensive Guide to ...
13 Jun 2023     Views:4118
Understanding Continuing Mandamus: A Powerful Judi...
12 Jun 2023     Views:5962
Res Judicata: The Doctrine of Finality in Legal Pr...
10 Jun 2023     Views:4118
Mastering the Art of Legal Drafting: A Comprehensi...
08 Jun 2023     Views:3804
Order 1 Rule 10 of the Code of Civil Procedure (CP...
07 Jun 2023     Views:9343
Understanding the Laws of War: Protecting Humanity...
03 Jun 2023     Views:3537
Understanding the Code of Criminal Procedure (CRPC...
02 Jun 2023     Views:4319
The National Drug and Psychotropic Substances (NDP...
01 Jun 2023     Views:3918
A Step-by-Step Guide: How to File an FIR in India...
31 May 2023     Views:3633
Zero FIR: An Effective Tool for Prompt Criminal Ju...
30 May 2023     Views:3875
Unveiling the Dissent of Judges in Judicial Judgme...
28 May 2023     Views:3532
Environmental Laws in India: Safeguarding Nature f...
25 May 2023     Views:3968
The Recusal of Supreme Court of India Judges from ...
24 May 2023     Views:3644
Understanding the Jurisdiction of the Supreme Cour...
23 May 2023     Views:4131
Article 142 of the Constitution of India: A Compre...
22 May 2023     Views:4291
Landmark Judgments in Arbitration Law in India: A...
21 May 2023     Views:4527
Landmark Cases on Anticipatory Bail in India: A Pa...
20 May 2023     Views:8403
Embracing the Future: How AI is Revolutionizing th...
18 May 2023     Views:3779
Understanding Narcotics Laws in India: A Comprehen...
17 May 2023     Views:3613
Understanding Indian Laws on Cross-Border Transact...
16 May 2023     Views:4702
ADR mechanism of legal adjudication in India...
15 May 2023     Views:3477
Validity of foreign arbitral award in India throug...
14 May 2023     Views:3513
Scope of Section 151 CPC...
13 May 2023     Views:5056
Detailed Overview on Section 482 of Crpc...
11 May 2023     Views:4033
Scope of Decree under CPC...
10 May 2023     Views:3617
Legal development of Arbitration Laws in India....
09 May 2023     Views:3647
Arbitration Laws in India...
07 May 2023     Views:3590
Impact of COVID-19 on Legal Industry...
06 May 2023     Views:5703
Chargesheet not having authority's valid sanction ...
02 May 2023     Views:3863
Same-Sex Marriage in India...
30 Apr 2023     Views:3520
National Commission for Women...
27 Apr 2023     Views:3369
Law making process of India....
26 Apr 2023     Views:4439
Bail Provisions in India...
25 Apr 2023     Views:3398
Life imprisonment in Criminal Law in India...
24 Apr 2023     Views:3797
Contempt of Court...
23 Apr 2023     Views:3652
The collegium system of Judiciary in India....
22 Apr 2023     Views:3345
Remarriage before Expiry of Limitation Period to f...
21 Apr 2023     Views:3372
Need for strict measure of NDPS laws in India....
20 Apr 2023     Views:3501
Nature of Offence under Section 138 of NI Act is Q...
19 Apr 2023     Views:5908
Order VII Rule 11 CPC: Plaint cannot be rejected m...
18 Apr 2023     Views:4525
Mediation: At the Dawn of Golden Age organized at ...
16 Apr 2023     Views:3664
Central Government's motto should be mediate, not ...
15 Apr 2023     Views:3373
Ambedkar Jayanti Celebrations...
14 Apr 2023     Views:3568
Supreme Court of India calls for Preventive Measur...
12 Apr 2023     Views:3167
Pursuing LL.M is not break in Law Practice, Rules ...
11 Apr 2023     Views:3357
Law should take into consideration realities of co...
10 Apr 2023     Views:3216
Delhi High Court said that peeping into public bat...
08 Apr 2023     Views:3776
Delhi High Court denies bails to AAP's Satyendra J...
06 Apr 2023     Views:3926
Supreme Court’s Triple Talaq Judgement Would App...
30 Jan 2023     Views:3657
Article 311(1) | An Order of Removal From Service ...
26 Jan 2023     Views:4139
Leaders shouldn't disrespect the President or Pri...
17 Jan 2023     Views:3459
New bench will hear Ashwini Upadhyay's Supreme Cou...
15 Jan 2023     Views:3578
Person Who Drove Rashly with the Knowledge that it...
12 Jan 2023     Views:4162
The rigours of Section 37 of the NDPS Act cannot b...
11 Jan 2023     Views:3908
FIND A LAWYER




FIND A LAW SCHOOL



Most Read News Articles

  • Sabrimala Verdict (28 sept 2018) - A End of Taboo.
    On 07 Oct 2020    Views:93913
  • Case Analysis: Vellore Citizens Welfare Forum vs Union of India
    On 11 Dec 2020    Views:71360
  • Case Analysis: THE BERUBARI UNION CASE
    On 14 Dec 2020    Views:68808
  • DOCTRINE OF ELECTION UNDER TRANSFER OF PROPERTY ACT, 1882
    On 08 Jul 2020    Views:68009
  • A.K. Gopalan v. State of Madras (1950 AIR 27, 1950 SCR 88)
    On 08 Nov 2020    Views:57289
View all >>

Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified

86540

Lawyers Network

103860

Users

630

Cities Serving

114

Law Schools Network

59824

Law Students Network

About us

  • Company Profile

Indian Major Laws

  • Indian Constitution
  • IPC
  • CrPC
  • CPC
  • Companies Act
  • Indian Evidence Act
  • CGST Act
  • Limitation Act

Policies

  • Terms of Use
  • Privacy Policy
  • Refund & Cancellation

    Ads & Media

  • Resource Sharing
  • Advertiser(Sign Up/Login)
  • Media

    Careers

  • Internships
  • Jobs
  • Student Journalists

    HELP & SUPPORT

  • Contact Us
  • Grievances
  • Test

News

  • Legal News
  • Post Article
  • Post Interview

Legal Library

  • Central Acts
  • Deeds Drafts [1128 ]
  • Legal Maxims

Connect

Lawsisto Direct

 

  •  
  •  
DISCLAIMER
Copyright © Lawsisto Private Limited. All rights reserved.
Unless otherwise indicated, all materials on these pages are copyrighted by Lawsisto Private Limited. All rights reserved. No part of these pages, either text or image may
be used for any purpose. By continuing past this page, you agree to our Terms of Service, Cookie Policy, Privacy Policy and Content Policies.