Fundamental Rights

• The Fundamental Rights are envisaged in Part III (Articles 12 - 35) of Indian Constitution. These rights are applied without any discrimination on the basis of religion, gender, race, etc. Significantly, fundamental rights are enforceable by the courts, subject to certain reasonable conditions.
   
• The Fundamental Rights comes under the following six categories:
  
  1. Right to Equality
  2. Right to Freedom
  3. Right against Exploitation
  4. Right To Freedom of Religion
  5. Cultural & Educational Rights
  6. Right To Constitutional Remedies
      
• The Constitution guarantees certain remedies if citizens' fundamental rights are violated in any way. The government cannot infringe upon anyone's rights. When the fundamental rights are violated, aggrieved party can directly approach high court. Citizens can also go directly to the Supreme Court who can issue writs for enforcing the fundamental rights. A writ is filed when there is a violation of any of the fundamental rights by a state or government body/authority against any citizen of India.
   

Right To Equality

• Equality is a very dynamic concept in nature & thus is interpreted in the widest form. Articles 14-18 of constitution constitute the right to equality. The right in the constitution is not merely a negative right of not to be discriminated against, but also a positive right of being treated as equal.
• Equality means to treat everyone equally. However, it is very difficult to measure everyone with just one yardstick, so, some reasonable classifications have been allowed for the social & cultural well-being of some of the strata of the population.
• The principle of equality prohibits the unreasonable discrimination between persons. The State is under the obligation to treat people equally as well as take positive steps so as to remove existing inequalities.
• The principle of equality says that discrimination can't be practiced amongst those who've been placed in similar situations, because that amounts to a violation of equality before the law. However, some special status & privileges are guaranteed to a certain class of people for their upliftment is not covered under this Article & is held valid constitutionally.
   

Gender Equality & Sabrimala

Landmark Case Of �Sabrimala Temple'

Issue Of Entry Of Women

Reason Behind The Restriction / Prohibition Of Entry Of Women To Sabarimala Temple

• Lord Ayyappa was always a celibate till date, & the main reason behind his celibacy is his assurance that was given to Malikapurathamma, i.e., till the day he finds out that kanni-swamis stops coming to the temple, he would be remaining a celibate. This practice has been followed for several years & if by any chance the kanni-swamis have ceased to come to devasthanam during Mandalam period then it would be considered that prohibition of women entry to the pilgrimage would have come to an end. It has been believed that Lord Ayyappa would get married to Malikapurathamma after such aforesaid period, which would be an auspicious day for all devotees.[3]
   
• Entry of women shall affect sanctity of principles of the Brahmachariyam. There has always been religious practice in Hindu Religion which is based on 4 Ashramas; wherein every person goes through the phases during their lifetime. Lord Ayyappa is going through first phase of Ashrama i.e., Brahmacharya. The importance of being Brahmacharya is for attaining; both practical & spiritual excellence, wherein one shall wholeheartedly follow principle of celibacy.
   
• Lord Ayyappa, who is a Naishtika Brahmachari, is shielding devotees who visit the Temple & also brings about some change in the vicious thoughts of humanity. The logic behind such prohibition of entry of women is that it wouldn't only affect sanctity of Devasthanam, but also affect the essential principle to be a Brahmachari.
   
• The reason behind restriction for entry of women aging between 10 - 50 was due to menstruation cycle which every woman would undergoes after attaining puberty. The significance of this restriction is in furtherance of assurance given to Malikapurathamma by Lord Ayyappa, as a condition to marry her. It is believed that every woman of age below 10 & above 50 are allowed to enter sannidhanam. The Travancore Devaswom Board has made it compulsory for every woman to carry age proof with a view to put an end to instances of women entering sabrimala temple by defying such restriction. Furthermore, even any restricted women who has removed their uterus have been allowed to enter the temple without any kind of restriction, provided that they bring the medical certificate which states the same. It is necessary to understand the relevance of this matter at this time.
   
• Thus, according to the opposers of the judgement, prohibition of entry of women is legal, as based on the Essential Legal Practices, which have been followed from time immemorial. Intense Religious sentiments are obviously deeply rooted in this issue & any kind of indignity may lead to shutting down of entire temple itself. Such religious beliefs might not necessarily have scientific reasoning but are so entwined with unfathomable as well as irrefutable faith of millions.
   
• Article 26 of Constitution of India gives a right to lay down practices & customs for sustainment of spiritual wellbeing to the religious denomination. Judicial Intervention with such deeply grounded right of denomination may lead to communal disharmony. The opposers asserted that restrictions imposed do not suffer from any illegality & thus are entitled to be upheld by the Honorable Supreme Court.
   
• The classification done on basis of physiological characteristics between Women & Men is backed up by a strong reasoning & thus isn't violative of Article 14 of Constitution. It is, in turn, satisfying the conditions of Intelligible Differentia & the Rationale Nexus principle. Sabarimala Temple has a separated denomination for itself because it satisfies all such requirements, & is empowered to manage its own religious affairs. [4]
   

Public Interest Litigation

• Issuance of an appropriate writ / direction commanding the Govt. of Kerala & the Devaswom Board of Travancore, so as to ensure entry of female devotees between age group of 10 - 50 years at the said temple at Sabarimala that has been denied to them merely on the basis of certain custom & usage; &
• To declare the Rule 3(b) of Kerala Rules, 1965 as being unconstitutional for violating Articles 14, 15, 25 & 51A(e) of Constitution.
  
  The Supreme Court accepted had the petition & on 28 September 2018, it overturned the restriction on entry of women, declaring it unconstitutional as well as discriminatory. The Supreme Court in a 4:1 majority, said that such temple practice is in violation of rights of Hindu women, & that banning the entry of women to the shrine comes under the purview of gender discrimination.
   

• This issue of restriction of women from entering temple was challenged before the Kerala High Court in 1991 in the case S. Mahendran v. The Secretary of Travancore Devaswom Board, Thiruvananthampuram & Ors. The division bench of the Kerala High Court ruled in favor of the defendants & gave a decree stating that restrictions have been existing since time immemorial & prohibition by the Travancore Board does not violate Constitution or the pertinent 1965 Kerala Law.
   
• There have been various incidents & cases over decades where such matter came up questioning as to what actually constituted a religion & its practices & the courts have come a long way in determining such practices. There is a need to determine as to what constitutes a religion & also difference between religious practices & the superstitious beliefs & it can be ascertained only with doctrines of that religion itself. Thus, it can be primarily said that views of followers of any religion are important & crucial to determine what are the essentials of that particular religion. [6]
   
• The case of Sabarimala is one in which Supreme Court determined & drew a parallel between Right to Religion & Right to Equality as basic fundamental rights guaranteed by the constitution & through this judgment, uplifted the ban that was imposed on women from entering the temple.[7]
   

• Article 14
• Article 15
• Article 17
• Article 25
•  Article 51 A(e)
   

Analysis Of The Sabarimala Judgment