Sabarimala Temple Legal Analysis
Legal Analysis of the Current Sabarmala Case in Supreme Court
The Sabarimala ban case, delineates the complex and delayed justice delivery mechanism in the Supreme Court resulting in the subversion of the very motive of “justice”, as popularly quoted, “justice delayed is Justice denied”.
In this case, the access to worship for women aged between 10 and 55 at Sabarimala temple was challenged, as it was observed that the women aged between 10 and 55 were not allowed to enter the temple premises during the Maharavilakku festival, as it would “disturb” the celibate deity.
A PIL was filed in 2006 by Indian Young Lawyers Association in the Supreme Court of India challenging the rules issued …show more content…
Furthermore, it was observed that, in this case, there was thus no prohibition for women to enter the Sabarimala temple in olden days, but women in large number were not visiting the temple. That was not because of any prohibition imposed by Hindu religion but because these changes had been brought about in order to which didn’t amount to violation of a particular caste, sex or class, but a certain section of women, in general, which was observed to be reasonable restriction,
(2) Whether the denial of entry of that class of woman amounts to discrimination and violative of Articles 15, 25 and 26 of the Constitution of …show more content…
Moreover, it doesn’t prevent the restriction between one section and another section or between one class and another class among Hindus in the matter of entry to a temple.
(3) Whether the Devaswom Board was to be held responsible for setting rules for the entry to the temple and directions can be issued by the Court to the Devaswom Board?
It was observed that, the head of the Devaswom Department, being a statutory authority conferred with the power of administration, has no voice in deciding such controversial, religious is responsible only for the proper conduct of the temple affairs; the spiritual questions being decided by the Thanthris.
Hence, it was observed that :
• The restriction imposed on women aged above 10 and below 50 from trekking the holy hills of Sabarimala and offering worship at Sabarimala Shrine is in accordance with the usage prevalent from time immemorial, and that these changes had been brought about in order to which didn’t amount to violation of a particular caste, sex or class, but a certain section of women, which was observed to be reasonable
The Sabarimala ban case, delineates the complex and delayed justice delivery mechanism in the Supreme Court resulting in the subversion of the very motive of “justice”, as popularly quoted, “justice delayed is Justice denied”.
In this case, the access to worship for women aged between 10 and 55 at Sabarimala temple was challenged, as it was observed that the women aged between 10 and 55 were not allowed to enter the temple premises during the Maharavilakku festival, as it would “disturb” the celibate deity.
A PIL was filed in 2006 by Indian Young Lawyers Association in the Supreme Court of India challenging the rules issued …show more content…
Furthermore, it was observed that, in this case, there was thus no prohibition for women to enter the Sabarimala temple in olden days, but women in large number were not visiting the temple. That was not because of any prohibition imposed by Hindu religion but because these changes had been brought about in order to which didn’t amount to violation of a particular caste, sex or class, but a certain section of women, in general, which was observed to be reasonable restriction,
(2) Whether the denial of entry of that class of woman amounts to discrimination and violative of Articles 15, 25 and 26 of the Constitution of …show more content…
Moreover, it doesn’t prevent the restriction between one section and another section or between one class and another class among Hindus in the matter of entry to a temple.
(3) Whether the Devaswom Board was to be held responsible for setting rules for the entry to the temple and directions can be issued by the Court to the Devaswom Board?
It was observed that, the head of the Devaswom Department, being a statutory authority conferred with the power of administration, has no voice in deciding such controversial, religious is responsible only for the proper conduct of the temple affairs; the spiritual questions being decided by the Thanthris.
Hence, it was observed that :
• The restriction imposed on women aged above 10 and below 50 from trekking the holy hills of Sabarimala and offering worship at Sabarimala Shrine is in accordance with the usage prevalent from time immemorial, and that these changes had been brought about in order to which didn’t amount to violation of a particular caste, sex or class, but a certain section of women, which was observed to be reasonable