THE SABARIMALA ISSUE
“When men are oppressed, it’s a catastrophe. When women are oppressed it’s a tradition.”
Now, we have reached seventy years of our independence and we have seen our society
changing from patriarchal society to legitimate one. But, is this really good for a liberal
society that its women are fighting for equal status in society, especially for entry into
temples? The rule of the temple which read that women between the ages of 10 years to 50
years cannot enter the temple was in violation of the constitutional rights. Our constitution
guarantees to each and every citizen to practice religion of their choice unless it does not
harm anyone. Article 25 to 28 prevents discrimination in the profession of any religion. In
S.R. Bommai v Union of India1, the apex court has already held that India is a secular state
from the time it has adopted its constitution. The temple is of Lord Ayyappa and it is believed
that women of the menstruating age cannot enter the temple because it is against the wishes
of the God. Does God really differentiate among his people? It has been always read “no
human is pure or impure in the eyes of God; we are all divine.” We all are aware of the
Kamakhya Devi Temple in Assam where Goddess menstruates every month and the same
when gets mixed with river Brahmaputra is distributed among the devotees. Why the
biological factor given legitimacy and women is discriminated on such grounds?
Undoubtedly, our constitution proscribes discrimination by providing Article 14 and 17; and
protects the dignity of an individual through Article 21. In Indra Sawhney v Union of India
and Ors2, it was observed that right to equality is recognized as the basic feature of the Indian
constitution. Moreover, in one the landmark judgements of Keshvananda Bharti v State of
Kerela3, the apex court held that the constitution possesses a basic structure and that structure
could not be amended. Our constitution clearly lies down that every individual has an
inalienable right to live with dignity and without any discrimination. So, is this bar from
entering into a temple is a dignified action for women? What is saddest on our part is that
when we are fighting for providing equal status to homosexuals in the society at the same
time we are unable to provide same to our women.
The 65,000 years old Sabarimala temple which bars all the women of menstruating age is
well known and the supporters are shouting that the ban is on the wishes of Lord Ayyappa
and most importantly in the name of tradition. But, do these traditions ever allow us to do so?
Tradition actually reinforces values such as freedom, faith, integrity and the value of being
selfless. If so many traditions, like sati and dowry could be changed for the sake that they are
harsh-on-women, then why not this bar from entering the temple. Many say that this is
because it does not harm any women physically. But, it infringes the fundamental right of the
women and this is the biggest harm to an individual.
“When injustice becomes law, resistance becomes a duty.” A similar case could be seen
during the Haji Ali Dargah where the women were restricted from entering the sanctum. As
we all know that in comparison to Hindu traditions, Muslim traditions are quite jarring. But,
as of now, the Court has adjudged that women should be allowed to enter the shrine and now
1 1994 A.I.R. 1918
2 A.I.R. 1993 S.C. 477
3 (1973) 4 SCC 225)
