Thursday, Oct 06, 2022
Outlook.com
Cover Story

Sabarimala Row: Can Sentiment Be Placed Above Constitutional Morals?

Rarely has gender been so central to a political battle

Sabarimala Row: Can Sentiment Be Placed Above Constitutional Morals?
Photograph by Getty Images
Sabarimala Row: Can Sentiment Be Placed Above Constitutional Morals?
outlookindia.com
2018-11-26T17:03:33+05:30

The majority verdict on a practice at the Ayyappa temple at Sabarimala—delivered by the constitutional bench of the Supreme Court—has triggered a big debate. While the CPI(M)-led Kerala government, backed by the party’s leaders, has been implementing the court’s orders, the judgm­ent’s impact has been at several levels. On one hand is the situation on the ground (see ‘The Other Mandir’), where a protest is raging to continue the ban on entry of women aged 10-50 into the temple, which the court held to be in violation of the fundamental right to equality. The RSS had initially welcomed the judgment, but later changed its stand—and the BJP led protests against the verdict along with its main rival, the Congress.

The constitutional bench overturned the Kerala High Court verdict that had banned the entry of women aged 10-50 since 1991. The majority view held that Ayyappa was not a religion or religious denomination under Articles 25 and 26 of the Constitution and, therefore, the practice of restricting the entry of menstruating women was violative of Article 14 (equality) and Article 15-1 (non-discrimination).

Outlook Newsletters

Read More from Outlook

Lament Of Separation: Songs Of Habba Khatun, Last Queen Of Kashmir, Still Echo In Valley

Lament Of Separation: Songs Of Habba Khatun, Last Queen Of Kashmir, Still Echo In Valley

In happy times and sad, Habba Khatun’s sensuous songs make both young and old emotional. With the never-ending conflict bringing tragedies to every doorstep, Habba’s lyrics of separation amplify their mourning.

How Indian Laws Govern People’s Right To Love And Live

How Indian Laws Govern People’s Right To Love And Live

In India, only those relationships between a man and a woman are considered to be legitimate when there is a marriage between the two.

Kohli Quits Test Captaincy, Leaves Leadership Vacuum

Kohli Quits Test Captaincy, Leaves Leadership Vacuum

Virat Kohli, 33, had recently stepped down as India's T20I captain and was subsequently removed as the ODI captain.

UP Elections 2022: How Congress Is Harnessing Power Of 'Persecuted' Women To Counter BJP

UP Elections 2022: How Congress Is Harnessing Power Of 'Persecuted' Women To Counter BJP

A Mahila Congress leader, who is the face of the ‘Ladki Hoon, Lad Sakti Hoon’ campaign, however, has accused the party of anti-women bias after she was denied a ticket.