Journal articles on the topic 'Sabarimala temple'
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1
Narain, Vrinda. "Constitutionalizing Women’s Equality in India: Assessing the Sabarimala Decision." Columbia Journal of Gender and Law 42, no. 2 (June 23, 2022): 77–129. http://dx.doi.org/10.52214/cjgl.v42i2.9046.
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In 2018, in Indian Young Lawyers Association (IYLA) v State of Kerala, popularly known as the Sabarimala case, the Indian Supreme Court struck down a rule that prevented girls and women in the 10-50 age group from entering the Sabarimala temple in Kerala. The Court, in a 4-1 decision, held that the temple rule violated women’s right to equality and right to worship and was not protected under the right to religious freedom. Sabarimala is a landmark decision. For the first time,the Court insisted that all discrimination must be tested against constitutional values and discrimination that perpetuates stereotypes and disadvantage will not withstand constitutional scrutiny. It emphasised the importance of substantive equality in contesting discrimination against women and challenging the structures of oppression that exclude women. Finally, the Court linked women’s equality rights with equal citizenship. Focusing on the Sabarimala decision, this paper evaluates the recognition of women’s rights in Indian constitutional jurisprudence and assesses its transformative potential. The paper aims to place women’s equality rights squarely within constitutional discourse; to further develop understandings of justice that will constitutionalize women’s equality rights and ensure their inclusion in constitutional doctrine and discourse and to create salient changes in women’s everyday lives.
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Srinivasan, Divya, and Bharti Kannan. "Establishing the Unconstitutionality of Menstrual Exclusion Practices in India." Columbia Journal of Gender and Law 41, no. 1 (November 8, 2021): 198–207. http://dx.doi.org/10.52214/cjgl.v41i1.8837.
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Socio-cultural norms, stigmas, and taboos associated with menstruation in India take a number of different forms, often resulting in severe restrictions on menstruators, which are described in Part II, below. In fact, a 2016 study found that only one in eight adolescent girls in India faced no restrictions at all during menstruation. The constitutionality of menstrual exclusion practices has most famously been challenged in the Sabarimala case, where the Indian Supreme Court in a 4:1 majority found that the law restricting entry of women of menstruating age into the Sabarimala temple violated women’s constitutional rights to religion and equality. In Part III, analyzing the judgment in Sabarimala, this Article will explore the potential of applying the verdict in Sabarimala to raise constitutional challenges to other forms of menstrual exclusion practices in the country.
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Krishna, V. S., and N. Parmesh. "Entry of women in Sabarimala Temple, A Right or A Right in disguise." International Journal of Trend in Scientific Research and Development Volume-2, Issue-5 (August 31, 2018): 1338–42. http://dx.doi.org/10.31142/ijtsrd17092.
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Shah, Shalini. "Gendering the Sabarimala Conundrum: Female Body, Sexuality and Desire in the Sanskritic Brahmanic Tradition." Orientalistica 4, no. 1 (March 30, 2021): 233–41. http://dx.doi.org/10.31696/2618-7043-2021-4-1-233-241.
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Historians have for long ignored the human body as a theme of inquiry. While there cannot be a history of the biological body, there is tremendous scope for enquiring into the religious, social and cultural attitudes towards this body. Recently, the female body impinged on our collective consciousness in the context of the Sabarimala temple entry controversy. The debate which this issue generated gives me an entry point to examine the gendered nature of social institutions, their normative injunctions, and their cultural symbolism within the wider Sanskritic / Brahmanic traditions, since it was precisely the bias of this tradition that labelled the presence of females of a particular age group as not only polluting but also presenting a threat to the seclusion of a brahmachari deity who presided over this temple complex. By analyzing a wide corpus of Sanskrit textual tradition, I seek to argue that female and male bodily secretions are represented asymmetrically and sought to degrade woman by representing her as a site of revulsion.
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Bijukumar, V. "When Religious Faith Mutilates Gender Equality: Women Entry in Sabarimala Temple in Kerala." ANTYAJAA: Indian Journal of Women and Social Change 4, no. 2 (December 2019): 238–44. http://dx.doi.org/10.1177/2455632719880857.
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The brewing controversy over allowing entry of women of all age groups into the hill shrine of Ayyappa in Kerala polarized public opinion on women’s equal access to sacred spaces and the perpetuation of tradition in places of worship. Protagonists of gender equality claim that the restriction is as an attack on women’s right to access sacred places and a violation of Article 14 (right to equality) and Article 25(2) of the Indian Constitution which guarantees the right to religious freedom to all, thereby allowing irrationality to creep into the most literate society in the country. Critics protesting against the entry argue that it is against the centuries-old-practices-defined customs. According to them, women’s entry would pollute the temple and the celibate nature of Ayyappa should be protected.
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Jawed, Maria, and Dhanaji Mukundrao Jadhav. "Evolving a New Religious Freedom Jurisprudence: A Step Towards Ensuring Equality for Women." Oxford Journal of Law and Religion 10, no. 2 (June 1, 2021): 327–41. http://dx.doi.org/10.1093/ojlr/rwab021.
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Abstract India is a country of religious pluralism, and cultural diversity wherein religion is one of the important social institutions. Freedom of religion in India is guaranteed as a fundamental right which comprises ‘freedom to freely profess, practice and propagate religion’ within the Constitutional boundary. The Indian constitution fosters equality to all and has a broader interpretative connotation. Often, the judiciary is posed with the delicate task of settling the sensitive disputes relating to religion. The court's intervention into such practices may lead to a conflict of existing values backed by the religion or society with newly introduced values by the court. Recently, the Supreme Court in the Sabarimala Temple Entry case declared the practice of prohibiting women in their menstruating age from entering the temples as unconstitutional. The article substantiates that the case paves the way for ensuring equality for women in every sphere, including religion. It critically appraises the existing jurisprudence of religious freedom and argues the need to establish a much coherent jurisprudence based on constitutional principles. The article correlates moral, social, and religious intricacies in determining the constitutional validity of religious practices and tries to substantiate it based on developing jurisprudence of constitutional morality.
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Bijukumar, V. "Pungent Irrationality and Troubled Modernity in Kerala." History and Sociology of South Asia 13, no. 1 (January 2019): 19–35. http://dx.doi.org/10.1177/2230807519836803.
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The street protests of the upper caste Hindus and the members of the erstwhile royal family under the leadership of the BJP–RSS against the verdict of the Supreme Court of India on opening the Sabarimala temple for women of all age groups demonstrate the deep malaise of creeping irrationality in the globally acclaimed project of Kerala modernity. In fact, such outbursts not only unveil the longstanding contradictions of Kerala modernity and the inadequacies of its developmental model but also bound to have serious implications for the multicultural ethos and the radical politics of the state. The rising tide of social conservatism and obscurantism retard Kerala into state of gloom and the depletion of its vibrant civil society and solid social capital leading communalising everyday life and public sphere.
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Das Acevedo, Deepa. "Just Hindus." Law & Social Inquiry 45, no. 4 (April 17, 2020): 965–94. http://dx.doi.org/10.1017/lsi.2020.1.
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What happens when courts reach “good” outcomes through “bad” reasoning? Are there limits to consequentialist jurisprudence? The Indian Supreme Court’s recent decision in IYLA v. State of Kerala offers important insights on both issues. IYLA, decided in September 2018, held that the Hindu temple at Sabarimala may not ban women aged ten to fifty from its premises even though devotees argue the exclusion is religiously mandated. Reactions to IYLA have been vehement and violent, and so far only two women in the prohibited age range have managed to visit the temple. Perhaps any outcome impinging on religious practice would have elicited such responses. Nevertheless, the Court’s analysis, which disregarded devotee perspectives in its eagerness to acknowledge the previously overlooked perspectives of women, is problematic insofar as it superficially upholds the Court’s reputation as a progressive institution while creating bad precedent by further damaging the “essential practices” doctrine. This article draws on case law and legal analysis to demonstrate how the Court’s reasoning paid short shrift to its own doctrines and to conflicting imperatives in the Indian Constitution. The Court’s (and ruling’s) failures underscore the extent to which winning good outcomes through bad reasoning should be sobering rather than satisfying.
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Kumari, Rashmi. "Menstruating women and celibate gods: a discourse analysis of women’s entry into Sabarimala temple in Kerala, India." Third World Thematics: A TWQ Journal 4, no. 4-5 (September 3, 2019): 288–305. http://dx.doi.org/10.1080/23802014.2019.1682946.
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Elizabeth David, S., and T. C. Jennerjahn. "Extreme dissolved organic nitrogen fluxes in the human impacted Pamba River, Kerala, India." Biogeosciences Discussions 10, no. 10 (October 18, 2013): 16137–71. http://dx.doi.org/10.5194/bgd-10-16137-2013.
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Abstract. Cultural eutrophication of coastal aquatic systems is a major undesired phenomenon of today, which is mainly ascribed to the application of inorganic fertilizers in agriculture. Consequently, dissolved inorganic nitrogen (DIN) is considered the major problem and widely studied. However, human interventions also strongly influence the riverine dissolved organic nitrogen (DON) concentrations and fluxes. Studies of nutrient inputs from tropical river catchments are biased towards DIN, even though they account for only a portion of the total dissolved nitrogen (TDN) pool, whereas the rest is comprised of DON and has been largely ignored. The tropical Pamba River was studied because of its manifold human activities in the catchment and was sampled during the south west monsoon (SWM), north east monsoon (NEM) and the pre monsoon (PM) months during 2010 to 2013. The largest pilgrim center on earth, the Sabarimala temple, located in the upstream forest is a unique feature of the catchment. Fertilizer application, livestock farming and inadequate sewage treatment are the prevailing land use practices. The goals of this study were to (i) define cause-effect relationships by assessing the effect of various human interventions such as the pilgrims, agriculture and sewage disposal in combination with the seasonal variations in hydrology on the DON concentrations and fluxes and to (ii) quantify the inputs from respective land use segments. The global maximum DON concentration (29 302 μM) was measured for the Pamba River. Pilgrim activities, high population density, agricultural and livestock farming as well as the lack of infrastructure for sanitation facilities were the cause for extremely high DON concentrations and fluxes in the plantation and settlement with mixed tree crop (SMT) segments. A DON yield of 745 kg ha−1 yr−1 was calculated for the Pamba catchment. The total DON inputs from all quantifiable sources amounted to 514 kg ha−1 yr−1 comprising of 69% of the total Pamba DON yield. In the Pamba River, sewage is the major source of DON and the unique Sabarimala pilgrim event accounts for most of it. Nevertheless, sewage input from the rest of the densely-populated catchment is high, which is a common feature of developing countries that lack adequate sanitation and water technology, i.e. in South and Southeast Asia and tropical Africa. Our study shows that DON makes up a significant portion of anthropogenic nitrogen in rivers, in particular in those regions, which are, however, scarce in respective data. It underscores the need for more quantitative studies from densely-populated tropical river catchments in order to improve global nitrogen budgets and the assessment of the consequences of anthropogenic nitrogen inputs into coastal aquatic systems.
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Dequen, Jean-Philippe. "Back to the Future? Temporality and Society in Indian Constitutional Law: A Closer Look at Section 377 and Sabarimala Decisions and the Genealogy of Legal Reasoning." Journal of Human Values 26, no. 1 (January 2020): 17–29. http://dx.doi.org/10.1177/0971685819890181.
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‘On the 26th of January 1950, we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality’. B. R. Ambedkar’s famous last speech to the Constituent Assembly on 25 November 1949 still resonates within contemporary Indian constitutional law, and even more so his following interrogation: ‘how long shall we continue to live this life of contradictions?’ Prima facie societal, the contradiction is however also a temporal one, Indian constitutional law being founded on both the British traditional idea of ‘continuum’ and the American inspired revolutionary principles of ‘pursuance’ of a novel legal and social order. Two recent Indian Supreme Court decisions pertaining to the de-criminalisation of same sex relations ( Navtej Singh Johar v. Union of India) and for the right of menstruating women to enter the Sabarimala Temple in Kerala ( Indian Young Lawyers Association v. Union of India) offer through their differing and sometimes dissenting opinions a glimpse at those temporal contradictions. Through an analysis of both decisions and in particular that of Chandrachud J. and Malhotra J.’s judgements, this article seeks to highlight two radically differing conceptions of temporality applied to constitutional issues, which can themselves be linked back to the transposition of the legal positivist discourse in India within the colonial era: on the one hand, an attempt to continue Common law’s empirical-based tradition and on the other hand, an (apparently) a-historical perception of Law drawn from neo-Roman civilian legal discourse and later normative positivism. If both branches of legal reasoning aim at protecting minorities’ rights, the value they inscribe to History within the realm of Law cannot be further apart.
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Vakil, Raeesa. "Representation and Legitimacy in the Supreme Court: Adjudicating Law and Religion in India." Studies in Indian Politics, June 2, 2022, 232102302210830. http://dx.doi.org/10.1177/23210230221083064.
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This article presents the argument that the Supreme Court of India’s jurisprudence on procedural bars to litigation is insufficient to address challenges that arise in cases involving religious rights. Examining the Court’s views on standing (the right to litigate) in three key public interest decisions (the Sabarimala Temple case, the Ram Janmabhoomi case, and the triple talaq case), I argue that the Court has privileged a discretionary, ends-based reasoning over an approach based on principle and law, resulting in erratic and inconsistent outcomes. The result is an uncertain level of protection to minority rights in judicial processes.
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Dhar, Ivy. "Right to Pray." Religions of South Asia 14, no. 3 (August 4, 2021). http://dx.doi.org/10.1558/rosa.19328.
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Focusing on cultural restrictions on women’s access to the garbhagriha in specific Hindu temples in India, this paper attempts to contextualize the wider debates around gender in faith-based practices and the confrontation between the ‘right to pray’ movement and its opponents. It reviews the complexities of practising public religion in a democratic nation. In the ambit of the contemporary feminist movement, activism has been initiated for reclaiming space for women in the realm of religion and faith. This was most clearly demonstrated in the women-led right to pray movement. The movement has been continuously evolving in local spaces and remains diversified across public places of worship. Debates around the exclusion of women have required the judiciary to reinterpret the relation between public temples and the equality proclaimed by the Constitution. By looking at the Sabarimala and Shani Shingnapur temple protests, this paper reflects on the conflict between activism and faith traditions. It charts the legal outcomes, local responses, political tensions, and the associated gender subjectivity. It attempts to revisit the role of women as recipients rather than agents of religion in public spaces, while extending the arguments to other aspects of ritual.
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PYDA, SANTOSHI SHRITHA. "Regressive Religious Practices; A Threat to the Fundamental Rights of Women." Neith Law & Humanities Journal, January 5, 2022, 44–55. http://dx.doi.org/10.55012/acadsa.2022.1.1.5.
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The paper aims to provide an insight into the famous and revolutionary Sabarimala Judgement - Indian Young Lawyers Association and Ors. v. The State of Kerala and Ors.2 The paper throws light on the background of the case and closely analyses the judgement so pronounced and its consequences. Since the practices of the temple were seen as exclusionary in nature, the implications of a judgement so grave have serious consequences on the immediate category of people directly affected and the society at large. The primary issues addressed in the case; whether or not the said practice is discriminatory and so a violation of Article 17, and whether or not the practice violates the right to equality by lacking an intelligible differential and a reasonable nexus (pertaining to Article 14) have been further deconstructed to paint a better understanding of the interpretation of the Constitution of India.Furthermore, an attempt has been made to establish the judiciary’s primary objective, whether it is to strike a balance between the conflict of liberty, equality, public interest and affected groups of people has been fulfilled in this judgement or not. The main task of the judgement was to figure out whether the exclusionary practice is essential for the religion so as to deem it to be violative of the fundamental right to religion, as granted to the citizens of the country by the Constitution. One of the striking features of this judgement is the dissenting opinion of Justice Indu Malhotra, who, reasoning through constitutional morality: the harmonisation of fundamental rights of every individual citizen, religious denomination to practise their faith in accordance with the tenets of their religion irrespective of it being rational or logical has concluded that the practice is neither exclusionary, nor discriminatory in nature. The paper delves into this dissenting opinion, and proposes a possible approach to balancing public interests and rights of the affected categories.
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Nikesh, Ankitha. "The acceptance of social change in the Kerala society: The impact of religious traditionalism in the acceptance of the court verdict to legalize women’s entry at the Sabarimala temple in Kerala, India." SSRN Electronic Journal, 2020. http://dx.doi.org/10.2139/ssrn.3755490.
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