Sabrimala - Entry of Women in Temple
A three-judge bench108 initially took up the case relating to the practice of not permitting women ofages 10—50 to enter or offer prayer in the Sabrimala Temple, and various questions109 were framed in relation to enforcement of guarantee under Articles 14, 15 and 17.
The case was heard by a five-judges bench110 resulting in four opinions, out of which one was a dissenting opinion given by one judge.111 The opinions given by four judges discussed the concept of ‘morality’ to interpret Articles 25 and 26. The views expressed by the judges are a great exposition of ‘constitutional morality’ by giving preference to the modern-day definition of the concept of ‘equality’ where, in abstract, all genders including transgenders are practically equal for all purposes. It says that morality, for the purposes of Articles 25 and 26, must mean that which is governed by fundamental constitutional principles. The majority judgment rejects the concept of religious morality which is at variance with the modern day principle of equality. The minority opinion held that “The equality doctrine enshrined under Article 14 does not override the fundamental right guaranteed by Article 25 to every individual to freely profess, practise and propagate their faith, in accordance with the tenets of their religion.” The judgement further clarified that “Constitutional morality in a secular polity would imply the harmonisation of the fundamental rights, which include the right of every individual, religious denomination, or sect, to practise their faith and belief in accordance with the tenets of their religion, irrespective of whether the practice is rational or logical.”The final view taken in the majority opinions was subjected to a review by (another composition of) five judges. In review jurisdiction, with majority of three, judges framed seven questions112 to be decided by a further larger bench. Two judges113 of this bench dissented and gave a separate opinion rejecting the plea for review. Pursuant to this order in review, now the issue of Sabrimala Temple has been tagged with the issue of entry of Muslim women in mosques. Now these cases are pending before a bench of nine judges of the Supreme Court, which has again formulated seven questions 114 to be decided. In an affidavit by a representative organisation of Muslims, the All India Muslim Personal Law Board, a clear stand has been taken that the issue of women entry into a mosque is purely a religious issue as it concerns with the management of a religious place. However, it has also recorded that the entry of women inside the mosque for offering Namaz is permitted.115
VII
More on the topic Sabrimala - Entry of Women in Temple:
- 5 Proviso for Re-entry and Forfeiture
- DPROVISO FOR RE-ENTRY AND FORFEITURE
- Foreign Competition, Public Listing, and WTO Entry
- Islamic feminism, local women’s NGOs and women’s movements in Aceh
- The Second Temple Period
- Muslim women’s movements and women’s NGOs in Indonesia
- Women’s movements and women’s NGOs in Aceh
- The Romans, like the Greeks before them, held many traditional ideas about women's behavior and the role women should play in society.
- Strategic Excellence: MAP Gene Expression Programmes Following Host Cell Entry
- The temple in Riedegost as described in Thietmar’s Chronicle
- Although the United Nations and the government have exerted painstaking efforts to develop women’s rights, there has been and continues to be broad discrimination against the women in all social, economic and cultural aspects of life.
- Profanations: religious vs secular in the Temple of Western modernity
- The Destruction of the Temple
- Afrianty Dina. Women and Sharia Law in Northern Indonesia: Local Women's NGOs and the Reform of Islamic Law in Aceh. Routledge,2015. — 202 p., 2015
- While men and women are considered equal under the Quran, Muslim women in the twenty-first century are still being burdened by conservative and patriarchal interpretations of the Quran.[943]