Indian Young Lawyers Association & Others v. State of Kerala & Others

 



Indian Young Lawyers Association & Others v. State of Kerala & Others

summary

    Delivered: 28 September 2018

Court Name- Supreme Court of India

Citation- (2019) 11 SCC 1; 2018 (8) SCJ 609

Writ Petition (civil petition) NO. 373 of 2006

    Bench:5 judges

1)     Justice Deepak Mishra, CJI

2)     JusticeA.M. Khanwilkar

3)     Justice Dr D.Y. Chandrachud

4)     JusticeR.F. Nariman

5)     JusticeIndu Malhotra

    Ratio: 4:1

    Dissenting opinion: Indu Malhotra

    Law point: Supreme court allows entry of women of all age groups to Sabrimala temple of Kerela.

 

Case time timeline

·       1991- The Kerala High Court expressly prohibited the entry of women during their “menstruating years” between ages 10 to 50 from entering the shrine. The reason by court was that it is an age-old custom and it was considered as a flawed verdict.

·       2006- The Indian Young Lawyers Association challenged this unreasonable verdictthrough a Public Interest Litigation. They challenged it on the ground of the fact that this custom was violative of major Constitutional provisions. This case was referred to as a 5-judge bench led by Justice Dipak Mishra. He was the Chief Justice of India at the time.

·       2018- lifted the ban and ruled that women of all age can enter the Sabarimala shrine in Kerala.

 

Rules/ Provisions

The major provisions involved are:

§  Articles 14, 15, 17 of the Constitution of India

§  Article 25 and 26 of the Constitution of India

§  Article 290-A of the Constitution of India

§  Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorization of Entry) Rules, 1965.

This case comment will be dealing with all the major Constitutional provisions involved along with other statutes and rules directly impacting it only. 

 

 

 

Facts of the case

The writ Petition under Article 32 of constitution was filed in public interest by a registered association of Young Lawyers against the Government of Kerela, Devaswom of Board of Travancore, chief Thanthri of Sabrimala Temple and the District Magistrate of Pathanamthitta to ensure the entry of female devotees between the age group of 10 to 50 years whose entry was denied to the Lord Ayyappa temple at Sabrimala, Kerala on the basis of custom and usage.

The writ Petition focused on the issue of gender equality. Petitioner have inter alia stated that they have inter alia stated that Sabrimala temple issue came into their knowledge through three newspaper articles:

   Scent of a Women by Burkha Dutt: Hindustan Times (1 July 2006)

   Touching Faith by Sharvani Pandit: Times of India (1 July 2006)

   Keeping the faith, Losing our Religion by Vir Shanghvi: Sunday Hindustan Times (2 July 2006)

In The writ petition it was urged to declare Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorization of entry) Rules,1965 framed in exercise of the powers conferred by the Section 4 of the Kerala Hindu Places of public worship (Authorization of entry) Rules,1965 as unconstitutional being violative of Articles 14. 15, 25 and 51(e) of Constitution of India and it further passed direction for the safety of the women.

 

ISSUEs

The issues that were framed before the court and argued to find whether the restriction of women entry in unconstitutional.

a)     Whether the restriction of particular gender (women) entry into the temple amount to discrimination and it is violative of Article 14, 15, 17, 25 & 26.

b)    Whether the Kerala Hindu Places of Public Worship Act permits the restriction of women?

c)     Whether Rule 3 of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules permits ‘religious denomination’ to ban entry of women between the age of 10 to 50 years?

d)    Whether Ayyappa Temple has a denominational character? Whether it is hit by Article 290-A of the Constitution of India or not?

 

Decision of the court 4:1

The judgement of the court was delivered by CJ Deepak Mishra, A.M. Khanwilkar, Dr D.Y. Chandrachud, R.F. Nariman each gave a separate concurring opinion. The only lady judge on the bench, Indu Malhotra, J rendered a dissenting opinion.

Decision of the Majority

·       It was observed that restrictions are partiality refraining the entry of women between the ages of 10 to 50 years from entering the Sabrimala temple. This prohibition includes violation of right to equality, freedom of movement, right against gender discrimination and freedom of religion under Articles 14, 15, 19 and 25 of the Indian Constitution. 

·       The right to practice religion itself, has been guaranteed by the Indian Constitution and cannot be override by the right to manage its own religious affairs under Section 26

·       As per CJ Deepak Mishra and A.M. Khanwilkar, J. “Devotees of Lord Ayyappa are exclusively Hindu and do not constitute a separate religious domination.”

·       The practice of exclusion of women of certain age group cannot be regarded as an essential part as claimed by the respondent board. It would violate Fundamental Duty under Article 51A(e) which provides that “It shall be the duty of every citizen of India to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional section or sectional diversities; to renounce practices derogatory to the dignity of the women.”

 

Dissenting of opinion

·       The supporters of ban believe that they entitled to the protection under Article 26 (Freedom to manage religious affairs). The deity in Sabrimala temple is considered as “NaishtikBhrahmachari” (which means eternal celibate)and it is predicting that the presence of a menstruating woman would cause hindrance to his meditation.

  • In our Hindu dharma, many of us profess faith and belief towards deity and no one try to interfere towards religious, so it is evident that Sabarimala was not created by any Act of Kerala State Assembly or by any Parliament but is based on faith and if this faith is not respected then it would not be the same Sabarimala today.
  • “In a secular country, issues of deep religious faith and sentiments, must not ordinarily be interfered by courts” – Justice Indu Malhotra
  • According to the opposing party, Article 15 does not mention right to access public temples i.e., religious institution, but only provides right to access places such as hotels, shops etc.
  • Justice Indu Malhotra was of opinion that the limited restriction on the entry of women of certain age does not fall within the purview of Article 17.

 

Conclusion

·       In this case the apex court tries to make a bride between constitutional rights and social reality where there is a distinction between them. The judgement was given in 4:1 majority which supports the entry of women into the temple, but it is also important to protect the heritage of the temple. Women have been discriminated not only on the basis of biological factors but also due to orthodox ill practices of the Hindu religion. The constitution of India prescribes non-discriminatory rights to all citizens regardless of status, age, sex, caste, creed, gender, etc. Only positive discrimination is allowed on the basis of the interpretation principle of reasonable classification. Judicial activism has played an important role in this case.

·       It is true that women are discriminated in many ways with respected age, sex etc. but in concern of this case women can enter other Ayyappa temples which did not affect their fundamental rights and the reason for ban the entry is to protect the particular nature of deity presented in Ayyappa.Altogether the law interpreted under this case is a good law. After 12 years of the litigatory struggle, women have found their rightful freedom, equality, and dignity as under Article 14, 15, 21, and 25 of the Indian constitution.

·       The Sabarimala judgment is testamentary of the Apex Court’s impeccable patience and clear judicial interpretation of laws in the interest of the general public good. Apex court has tried to bridge the gap between constitutional ideas and social reality.

Post a Comment

0 Comments