Entry of Women into Temples

Religious traditions versus Women's right

More than a month ago I wrote a blog on " Happy to Bleed" online campaign by women demanding
rights to entry into ancient temple of Sabarimala in Kerala. The temple bars entry of women in the age
group of 10 to 50, supposedly the menstruating age with an implicit assumption of impurity.
On 11th January 2016 the apex court of the country hearing a petition filed by a group of women
lawyers observed this restriction is in violation of fundamental rights enshrined in the constitution.
Indian constitution is drafted in such a way that many a times it leads to conflicts between various
fundamental rights, thus always prone to arbitration and judicial interpretation ion case to case basis.
Writing lead piece in 'The Hindu' dated 15th January 2016, lawyer Gautam Bhatia says, " Tension

between these various provisions is inevitable, and is perhaps reflected most starkly in the
religious freedom clauses: Articles 25 and 26. Article 25(1) guarantees to all persons the right to
freely profess, practise, and propagate their religion. Mirroring this, Article 26(b) grants to
religious denominations the right to manage their own affairs in the matter of religion. Overriding
both these provisions, Article 25(2) allows state intervention in religious practice, if it is for the
purpose of social welfare or reform or the throwing open of Hindu religious institutions of a
public character to all classes and sections of Hindus. ......................." It has long been accepted by
the Supreme Court that the right to worship, as well as modes of worship, are protected by Article
25(1). While the court, admittedly, has held that the right to worship does not extent to
worshipping in any and every place, it has also noted that access to places having a particular
significance for [a particular] religion is constitutionally protected."
Under these circumstances I foresee in days to come there will be many litigation where the issues of
individual right and liberty clash with Religious beliefs. Lets accept the fact that religion and in
particular religious beliefs held by millions of any faith does not essentially based on Logic, scientific
reasoning. Religious belief is often a mix of irrationality, superstition, blind faith. Religion as a
concept is much beyond Human rational. Hence I would argue that any legislation can not in few
sections interpret and set guidelines for religious practices, even if many of them seem to be
retrograde in twenty first century. But the fact remains that a vast majority in the world across
religion remain bound some religious faith or dogma and this is the reason for both harmony and
instability that we see globally.
I am not sure if the section of women want 'entry' to the temple or 'worship' Lord Ayyappa who is the
presiding deity of Sabarimala. If former is the objective then litigation is the way based on equal right
irrespective of 'gender'. But if worship is the objective then we have to take into account the religious
sentiments and faith of millions including women in the age group of 10-50 who voluntarily would
not want to go into the temple due to their religious belief. Already a group of women have petitioned
Mumbai high court to gain entry to the famous 'Haji Ali' dargaah in Mumbai. The issue does not end
here, already there is another case before Tamilnadu high court on the dress code for entry to the
temple. Certain groups and individuals seem to be uncomfortable having to follow a dress code while
entering a temple and believe that its their fundamental right to wear whatever they wish to.
In recent times further controversies have been added to this by demand of entry to the Sani
Singnapur temple in Ahmednagar , Maharashtra and the Trayambakeshwar temple in Nashik. The
frequency seems to be increasing and it is difficult to judge if it is a pure feminist issue of equal rights
or there is a political color to these incidents.
Going by the trend in coming days there is bound to be a great deal of confrontation
between individual rights and freedom with collective religious beliefs. In a world beset with many
disturbances, threats etc. we could do well to minimize these types of litigation where individual is

on a collision course with the collective. It seems as society as we progress in terms of knowledge and
education, more and more individuals / groups become aware of their rights as enshrined in statute
books and find new issues to engage and litigate. I am afraid this might lead to social disharmony in
the long run when religion, politics, individual rights, litigation combine to make a potent
concoction.