Articulation series part 5- Sabarimala issue
Q: What is the Sabarimala issue?
A: The Sabarimala issue is about the ban on the entry of women of menstruating age in the Sabarimala temple which was challenged in the courts.
Q: What is its current status?
A: After the Supreme Court lifted the ban on women entry, a review petition was filed. The Supreme Court has kept the review petitions pending and made a reference to a larger bench to first decide on the broader questions such as what constitutes essential practice and who should decide it, practices in other religious communities and so on
Q: What is your opinion, should women of all ages be allowed entry?
A: Women of all ages should certainly be allowed entry as All men and women have equal right of worship. Also the ban goes against the constitutional provisions of Article 14 of equality before law and article 15 of prohibition of discrimination on grounds of sex
Q: But Freedom of religion is also protected in the Constitution..
A: Yes, Freedom of religion is certainly a Fundamental right under articles 25-28. However it is subject to the other Fundamental rights as well as article 25(2) which allows the State to undertake social reform and to throw open religious institutions to all classes and sections
Q: Then how can we balance between Freedom of religion and other Fundamental rights?
A: I think this can be done by evaluating a practice against the Constitutional principles, for example the principles enshrined in the Preamble. Also the Court has evolved the doctrine of essential religious practices to achieve this balance.
Q: Do you think Courts should decide what is essential practice for a religion and what is not?
A: The Supreme Court is the highest institution for interpretation of the Constitution and thus I think we should trust the ability of the Judges. At the same time I also feel that the Court should also consult Experts, religious scholars, and opinion of people of the religious community while deciding if a practice is essential to a religion or not. Also the extent of powers of Courts with respect to essential religious practices is to be decided now by a nine judge bench.
Q: Why are many women also protesting against entry?
A: I think they are protesting because they are looking at the issue as a matter of Faith rather than one of gender equality.
Q: As a DM, how will you convince the opposing people about women entry?
A: I think for convincing people, it is important to first hear them out. So firstly I would meet with the representatives of the opposing people and listen to their justification of banning entry, then I would explain to them by rebutting their every point in a manner so as to not offend their religious sensibilities. I would also tell them that the Court order is binding on everyone and that the administration is only doing it's duty and is not against any religion or religious community. Secondly I would also take the help of Political leaders, religious and community leaders, social activists and NGO's to reach out to people to convince them. Thirdly, I will initiate an outreach programme through media as well as public meetings to generate awareness among people
Q: What is the Sabarimala issue?
A: The Sabarimala issue is about the ban on the entry of women of menstruating age in the Sabarimala temple which was challenged in the courts.
Q: What is its current status?
A: After the Supreme Court lifted the ban on women entry, a review petition was filed. The Supreme Court has kept the review petitions pending and made a reference to a larger bench to first decide on the broader questions such as what constitutes essential practice and who should decide it, practices in other religious communities and so on
Q: What is your opinion, should women of all ages be allowed entry?
A: Women of all ages should certainly be allowed entry as All men and women have equal right of worship. Also the ban goes against the constitutional provisions of Article 14 of equality before law and article 15 of prohibition of discrimination on grounds of sex
Q: But Freedom of religion is also protected in the Constitution..
A: Yes, Freedom of religion is certainly a Fundamental right under articles 25-28. However it is subject to the other Fundamental rights as well as article 25(2) which allows the State to undertake social reform and to throw open religious institutions to all classes and sections
Q: Then how can we balance between Freedom of religion and other Fundamental rights?
A: I think this can be done by evaluating a practice against the Constitutional principles, for example the principles enshrined in the Preamble. Also the Court has evolved the doctrine of essential religious practices to achieve this balance.
Q: Do you think Courts should decide what is essential practice for a religion and what is not?
A: The Supreme Court is the highest institution for interpretation of the Constitution and thus I think we should trust the ability of the Judges. At the same time I also feel that the Court should also consult Experts, religious scholars, and opinion of people of the religious community while deciding if a practice is essential to a religion or not. Also the extent of powers of Courts with respect to essential religious practices is to be decided now by a nine judge bench.
Q: Why are many women also protesting against entry?
A: I think they are protesting because they are looking at the issue as a matter of Faith rather than one of gender equality.
Q: As a DM, how will you convince the opposing people about women entry?
A: I think for convincing people, it is important to first hear them out. So firstly I would meet with the representatives of the opposing people and listen to their justification of banning entry, then I would explain to them by rebutting their every point in a manner so as to not offend their religious sensibilities. I would also tell them that the Court order is binding on everyone and that the administration is only doing it's duty and is not against any religion or religious community. Secondly I would also take the help of Political leaders, religious and community leaders, social activists and NGO's to reach out to people to convince them. Thirdly, I will initiate an outreach programme through media as well as public meetings to generate awareness among people
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