Reconciling Religion with Gender Equality
Reconciling Religion with Gender Equality
In testing a religious custom, spanning centuries, against the tenets of gender equality, the Supreme Court in Indian Young Lawyers Association v. State of Kerala by a 4:1 decision, held that the Sabarimala religious custom, which prohibits women in their 'menstruating years' from entering the Temple, violates fundamental rights guaranteed to women under the Constitution. Justice Indu Malhotra's dissent has raised questions about the extent to which established religious practices can be challenged on notions of equality.
The dispute is still unfolding as over 50 review petitions are yet to be decided. Even four months after the judgment, there is almost nil enforceability of the judgment with only two women managing to get entry into a temple. This chips away from the authority of the highest Court, if it is helpless in the face of political protests in getting its judgment enforced. Clearly, it’s the troika of reasoning, outcome, and enforceability together that give legitimacy to the Supreme Court as the final arbiter of law.
With the analysis in these two posts we present to the readers a 10-case series by the Supreme Court Observer where we have detailed the journey and the reception of these cases. It is written with a common, non-technical reader, who has an interest in public affairs, in mind. However, the detailed references and hyperlinks allow the more informed reader to look into the journey of these cases more intensively. Below, find links to the #10 Cases that Shaped India in 2018:
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