Sabarimala Case: An agonizing Verdict
by Naagesh Padmanaban on 04 Oct 2018 15 Comments

In a recent judgement, the Supreme Court of India in a 4-1 majority judgement decided to remove the ban on entry of women aged 10 – 50 years into the famed Lord Ayyappa Temple at Sabarimala in Kerala, South India. The case had generated a lot of interest – during the hearings as well as post judgement – all around the world. It is indeed a significant judgement since with the stroke of their pens, four judges reversed a practice that has been going on at the temple since time immemorial.

 

The four judges have averred that the practice “significantly denudes women of their right to worship”. Justice Chandrachud termed the custom as a form of “untouchability” which cannot be allowed under the Constitution of India.

 

Justice Indu Malhotra, the lone lady member of the bench, has attracted a lot of attention and admiration. As member of this five judge bench, she wrote her dissenting judgement. She has provided some profound reasoning for her dissent that certainly deserves examination. Former Supreme Court of India judge Markandey Katju has complimented her for “the balance and restraint required of a judge of a superior court”.

 

Judge Malhotra has pointed out that that “the petitioners were not directly affected and were not devotees” themselves and hence she found it “odd that the court was deciding on the entry of women into the temple at the behest of persons who do not subscribe to this faith”. This is an important observation, and has not missed the attention of millions of Hindus in the country.

 

She has further strongly argued for “heterogeneity in religion that allows diverse forms of worship, even if it were irrational”. Very pointedly she states that “in a secular polity, issues which are matters of deep religious faith and sentiment, must not ordinarily be interfered with by courts.”

 

Continuing her telling observations, Malhotra has said that permitting such public interest litigations (PILs) “in religious matters would open the floodgates to interlopers who are not followers of that faith, to question its beliefs and practices” since it would be a matter of grave concern, especially for minority communities. She has firmly concluded that the said writ petition “does not deserve to be entertained and the grievances raised are non-justiciable”.

 

But the majority judges thought otherwise. Their reasoning for the majority judgement seems to be a reiteration that the practice of forbidding women in the said age group was “a form of untouchability which cannot be allowed under the Constitution.” But many legal experts have already argued that this case cannot be viewed through the limited vision lens of gender equality and a broader view of Hindu religious practices was imperative in judging the case.

 

It is not that these points of law were not brought before the court during the hearings. In fact J Sai Deepak, who appeared before the Supreme Court in this case on behalf of the intervener organization People for Dharma, too had presented succinct arguments. For example, he had argued that “Lord Ayyappa has rights under articles 21, 25 and 26 of the Constitution of India, and his right to remain a naisthika bramhachari - or a perpetual celibate - falls under Article 25 and hence, women’s entry to the temple should continue to be restricted”.

 

Thus, restricting entry of women into the abode of a Lord who is a naisthika bramhachari - or a perpetual celibate - may not tantamount to gender inequality or discrimination against women, when viewed though a broader lens. Be that as it may, the other four judges, in their wisdom, have obviously not been convinced by these arguments and hence their opinions have prevailed and the judgement is there for all to see.

 

The impact of the judgement is expected to be felt far and wide. From breaking its own restraint in not entering into the domain of religious beliefs and practices that are not pernicious, the Supreme Court has opened the possibility of internecine litigations between religious faiths where one practitioner is now free to question and seek the quashing of practices of another religion. The outcome could be a judicial nightmare which could easily lead to bloodshed on the streets.

 

In multiple discussions I had with Hindu women, particularly millennials in Tamil Nadu, I got a sense of their disbelief. Many did say that they were suspicious of the motives of the petitioners since they themselves would never have approached the courts on such a matter. Many felt violated since Hindu women had traditionally revered the practice of naisthika bramhacharya vratam of Lord Ayyappa. They pointed out that the unprecedented heavy rains and consequent damage to life and property in Kerala was widely perceived as a sign of Lord Ayyappa’s anger.

 

Plural societies like India have diverse groups and interests and by definition have differing identities and belief systems which have to be celebrated. But they also have large and vulnerable underbellies that have to carefully nurtured and protected, not exploited. But in India we seem to be witnessing the opposite.

 

But if the average Hindu, particularly women, feel outraged, they cannot be faulted for here is a judgement that nullifies a centuries-old practice that they did not ask to be modified. The certainly avoidable outcome is that a growing number of reasonable Indians now think that the judiciary appears to have abandoned all shreds of caution and sensitivity when treading on matters of religious faith, especially matters that are little understood and are hence called ‘irrational’.

 

Over the ages, Hindu social memory has been burdened with a lot of baggage – from flawed to gross miscarriages of justice – possibly more than what many other social systems have experienced. But they have been absorbed and digested in the sands of time. So too this will be.

 

Despite the judgement, out of reverence for Lord Ayyappa, most Hindu women have not come forward to visit the temple. And they are steadfast in their resolve. Nonetheless, many Ayyappa Sangams (groups or forums of Ayyappa devotees) do expect the usual suspects - activist women with a track record of protesting against Hindu practices - to visit the temple. But as always, most of them will be a flash in the pan. 

User Comments Post a Comment
The sad reason why so many westerners hold India in contempt is demonstrated by the 1950s style rantings of Naagesh Padmanaban.

Optimists like me have observed Indian behavior on the international stage for some decades and have recently noted the emergence of 21st century-compatible articulation on many subjects, including global peace initiatives. Some are level with the world's best.

True, India's political leaders are low on intellect and integrity, but so too are those of every nation, including the clowns that run Australia. But some of the worlds finest thinkers are Indian and this is so encouraging for geopolitical observers such as myself.

Then, all of a sudden, Modi does something globally stupid, such as this air strike, and India's nutters come to the surface reminding us we all still have a long way to go. So, please, Nagesh, put your flag and war toys away and dwell on the thought that an incident like this can escalate into WWIII.

Meanwhile, Modi has joined Trump and Netanyahu on the throne of crazy megalomaniacs trying to set the world on fire.
Tony Ryan
March 01, 2019
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So true "The fact is that they were always a potent force to reckon with, even before India got its Independence from Britain in 1947".

In fact it was Indian forces which won the World wars, a contribution which has not been acknowledged.

Same story, Indian invention/contribution, Western patent or credit.
Karthi
March 01, 2019
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We must acknowledge the quality of IAF pilots. They are considered near equal to the Israelis, said to have the best air force in the world. And also the support staff who have kept the planes and weapons in top order.
Pakistan's F16 planes are complex and hard to maintain.

I see this only as the beginning, hopefully the beginning of the end. But India has also to counter enemies within.
Navaratna Rajaram
March 01, 2019
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Even more importantly, for the first time ever GoI officially and openly used "jihadis" instead of "terrorists". In other words, the koranic root of jihad which negationists like Mr Tony Ryan dare not acknowledge.

The Koran is the outpouring of a medieval mindset. That has to be dealt with. No doubt Mr Ryan can persuade his own countrypeople to teach us 1950s Indians the way to do so!

https://www.thehindu.com/news/national/india-struck-biggest-training-camp-of-jem-foreign-sec-confirms/article26372319.ece

This
Bharati
March 01, 2019
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ek @tony ryan superior, baki sab inferior. And we thought racism went out of style after the end of apartheid regime! But some things never change. Just one of those opinionated buffoons from those who have 'submit' from among the peaceniks.
Jay Bharati
March 01, 2019
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Like the Supremo said, 'yeh to bas ek pilot tha, main project jaldi hi anewala hai, precision execution ke saath.'
Jay Bharati
March 01, 2019
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andar ki baat kuchh aur ho sakti hai, like Jaitley hinted. 1999 ka badla to ho chuka. Don't believe in the Paki-sponsored rumours of Masood Azhar being too ill just now.
Jay Bharati
March 01, 2019
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India launched a pre-emptive counter-terror attack on PoK without causing any civilian casualties. None of the mealy mouthed peaceniks and selective pacifists came out against the victims of terror in India. The argument among a certain sections of the West is that we should keep shoeing the other cheek and take the licking. Those days are over. We will do everything we can hereafter to defend our civilians and our sovereignty with all that we have got.
shankar
March 01, 2019
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Too Early to Celebrate!

jaykumar
March 01, 2019
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Yes, indeed, the IAF pilots are considered among the best in the world.
Dr. Vijaya Rajiva
March 01, 2019
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I would like to first of all salute the brave air warriors team led by the one and only greatest P.M of our motherland Sri Narendra Damodardas Modi. Secondly my whole thioughts went out to Group captain who flew the MIG Bison to kill a F16 ,a feat which is being talked about all over the world Sonia and gang ruined our motherland and made us beggars,and they are still at it with the help of a few junkies at the top positions in the Govt.The biso killing a F16 can be equated to a an ambassador car chasing an Aston Martin ! This is an awakened Bharat ready to take on the world anywhere,anytime anyplace.The King who is learned in all acts of ruling a nation is in command.
The author has brilliantly detailed out the operation in letter and spirit as a true Indian would have done. Kudos to him for a good write up. Our armed forces are second t none in bravery innovations,skill and ability to tackle any situation anywhere anytime and inany environment I salute them all the way.
doraiswamyganesh
March 01, 2019
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@ Tony Ryan.
You " put your flag and war toys away"
Right at the outset , let me very sternly remind Tony Ryan that Bharat (India) ,is not a guinea pig for military experimentation by Pakistan, China,or any other country, for testing the efficacy of their weapons.
No country in the world follows your stupid advice of keeping " war toys away" .Those who take your idiotic advice in India are now not in power to implement your stupid advice.

You " India's political leaders are low in intellect and integrity"

Tony should be bold enough to name and shame these leaders who are low in intellect and integrity . Making such vague, ambiguous,or sweeping statements , only reveals Tony's low or jaundiced intellect.

You " Modi does something globally stupid,such as this air strike"

Many of the so called developed countries, have appreciated and supported Modiji's economic and defence policies , and resulted in a near global isolation of Pakistan , branding it as a " terror sponsoring country" Tony Ryan should note that Modi is not in a mood to modify his principles to please Pakistan and Muslim minorities of India, who indulge in abusing the armed forces.
Modiji's attack has been well calibrated . Pakistan military establishment and civilians has not been targeted. The target is terrorists who infiltrate into Indian soil and indulge in Terrorism.This retaliation is small and limited in intensity and Pakistan should thank India, that she has not opted for a full scale war, which is long overdue.
Bharati here in rightly commented " the Koran is the out pouring of a medieval mindset" Tony Ryan should acknowledge that this mindset which is many centuries older than the " 1950s rantings" of a deeply patriotic Hindu ,needs to change drastically.,as otherwise, there is no solution to control terrorism. Unless that mindset changes , not just India,but most of the countries of the world, will have no option,but the biggest artillery gun available in the world.
Panikkath Krishnan Unni
March 01, 2019
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A well articulated write, though with an overstated conclusion. The bone of terror outfits, that is the ISI and the jehadi segment in their in the deep state, of Pakistan is more or less intact. The 'Pilot Project', at best has opened up new vistas for future actions. The new security paradigm, glimpses of which were noticeable in the operation under discussion, is a fine blend of diplomacy, economic power punch and, of course, the delivery by the armed might. @ Tony Ryans not withstanding, the punch delivered to Pakistan after her Pulwama adventure shall go down as a text book exercise for Air Warriors for all times to come.
RB Sharma
March 01, 2019
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Do not relent. Keep up the pressure on Pakistan. They may be better on optics and perception games. A nation of liars and back-stabbing excels in such phony tricks that befool our mealy mouthed liberals. Never forget that Neville Chamberlain's grievous error of succumbing to appeasement politics. Europe had to pay the price for that. Academic intellectuals who scream for peace and dialogue know little about the ground reality. Peace with Pakistan will be possible when they give up their politics of terror and jihad. That seems unlikely in the near future given the giant and interlocking terror and hate machinery Pakistan has in place. This machinery has to be completely destroyed before peace can even be contemplated.
shankar
March 02, 2019
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Marcus Tullius Cicero the great Roman statesman:
“A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murderer is less to fear.”

Today the fifth columnists inside India are doubting the verity of our armed forcces who give their lives to protect our Land and her people. I say to them, " As you want proof of Itself from what is itself the proof, I dare you and your loved family to come and be first line of defence where the enemy shells fall, be pointsmen for every sortie of our side. You will then have all the proof you need!"
Chandra Ravikumar
March 03, 2019
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