WOMEN AND RELIGION WITH SPECIAL REFERENCE TO SABRIMALA JUDGEMENT

Abstract

There is a very famous saying in India “Yatra Naryastu pujyante! Ramante tatra Devata!...” that means where women are respected, gods make their home. “It is a universal truth that faith and religion do not countenance discrimination but religious practices are sometimes seen as perpetuating patriarchy thereby negating the basic tenets of faith and of gender equality and rights. The societal attitudes too centre and revolve around the patriarchal mindset thereby derogating the status of women in the social and religious milieu. All religions are simply different paths to reach the Universal One. Religion is basically a way of life to realize one's identity with the Divinity. However, certain dogmas and exclusionary practices and rituals have resulted in incongruities between the true essence of religion or faith and its practice that has come to be permeated with patriarchal prejudices. Sometimes, in the name of essential and integral facet of the faith, such practices are zealously propagated”.[1] Having considered the above position of woman in religious practices the Hon’ble Supreme Court of India has delivered its judgement in case of Indian Young Lawyers Association and Others v. State of Kerala[2]  saying that  entry of female devotees between the age group of 10 to 50 years to the Lord Ayyappa Temple at Sabarimala (Kerala) which has been denied to them on the basis of certain custom and usage is unconstitutional as violative of Article 14, 15, 25 & 51 (A)e of the Constitution of India. With all due regard to the opinion of Supreme Court, this paper will include that Article 25 is based on practice of religion and religious faith on equal basis to all with respect to the public religious institution. This paper says that the very Right of Article 25 is based on the faith in religion and if in Sabrimala temple God (Lord Ayyappa), who is considered to be living entity in Hindu religion, has himself provided that he will not give darshana   to the women of certain age as He is observing celibacy in that temple and if woman still wishes to take that ‘Vratham’ going against the will of the same God who does not want to give darshana to such woman that is justified even on constitutional parameters as Article 25 is subject to ‘morality’. The Hon’be Apex Court, however, while deciding the question of equality has totally discarded this very important aspect morality.

[1] This extract is taken from Indian Young Lawyers Association and Others v. State of Kerala 2018 SCC OnLine SC 1690 at page no.  296.

[2] 2018 SCC OnLine SC 1690.