Topic Of The Day:-“The Sabarimala judgment”
Then Chief Justice of India Dipak Misra and Justice A.M. Khanwilkar held that the practice of excluding women did not constitute an “essential religious practice”. Crucially, the judges also relied on Section 3 of the Act mentioned above which stipulates that places of public worship must be open to all sections and classes of Hindus, notwithstanding any custom or usage to the contrary. It was held that Rule 3(b) prohibiting the entry of women was directly contrary to this. A concurring judge, Justice R.F. Nariman, further held that the right of women (in the age bracket in question) to enter Sabarimala was guaranteed under Article 25(1). This provision states that all persons are “equally entitled” to practise religion. According to him, Rule 3 prohibiting the entry of women, was violative of Article 15(1) of the Constitution.
Justice D.Y. Chandrachud, also concurring, emphasised the transformative nature of the Constitution which was designed to bring about a quantum change in the structure of governance. More crucially, it was a founding document, designed to “transform Indian society by remedying centuries of discrimination against Dalits, women and the marginalised”. ‘Morality’ used in Articles 25 and 26, the judge held, referred to constitutional morality which includes the values of justice, liberty, equality and fraternity.
He also held that barring menstruating women from entering the shrine is violative of Article 17 (the constitutional provision prohibiting untouchability). The judge held that the concept of untouchability is grounded in the ideas of ‘purity and pollution’. These same notions form the basis for excluding the entry of menstruating women into religious shrines.
The sole woman judge, Justice Indu Malhotra, who dissented, reasoned, “Issues of deep religious sentiments should not be ordinarily be interfered by the court. The Sabarimala shrine and the deity is protected by Article 25 of the Constitution of India and the religious practices cannot be solely tested on the basis of Article 14… Notions of rationality cannot be invoked in matters of religion… What constitutes essential religious practice is for the religious community to decide, not for the court. India is a diverse country. Constitutional morality would allow all to practise their beliefs. The court should not interfere unless if there is any aggrieved person from that section or religion.”
While the Bharatiya Janata Party has seen the judgment as an attack on the Hindu religion, the Congress too has not lagged behind. Even an “instinctive liberal” such as Shashi Tharoor has said, “abstract notions of constitutional principle also have to pass the test of societal acceptance — all the more so when they are applied to matters of faith… In religious matters, beliefs must prevail; in a pluralistic democracy, legal principles and cultural autonomy must both be respected…”
MEANINGS AND WORDS
1) scrutiny
Meaning : critical observation or examination.(n)
Tamil Meaning : கண்காணிப்பின்
Synonyms : investigation
Antonyms : glance
Example : “every aspect of local government was placed under scrutiny“
2) disclosures
Meaning : the action of making new or secret information known(n).
Tamil Meaning : வெளிப்படுத்துதலை
Synonyms : revelations
Antonyms : denials
Example : “a judge ordered the disclosure of the government documents”
3) credibility
Meaning : the quality of being trusted and believed in.(n)
Tamil Meaning : நம்பகத்தன்மை
Synonyms : reliability
Antonyms : deceit
Example : “the government’s loss of credibility”
4) flawed
Meaning : having or characterized by a fundamental weakness or imperfection.(Adj)
Tamil Meaning : குற்றமுள்ள
Synonyms : imperfect
Antonyms : flawless
Example : “a fatally flawed strategy”
5) conflict
Meaning : a serious disagreement or argument, typically a protracted one(n).
Tamil Meaning : மோதல்
Synonyms : dispute
Antonyms : agreement
Example : “the eternal conflict between the sexes”
6) tremendous
Meaning : very great in amount, scale, or intensity(adj).
Tamil Meaning : மிகப்பெரிய
Synonyms : enormous
Antonyms : small
Example : “Penny put in a tremendous amount of time”
7) flourish
Meaning : a bold or extravagant gesture or action, made especially to attract attention(n).
Tamil Meaning : வளம்
Synonyms : thrive
Antonyms : lose
Example : “with a flourish, she ushered them inside”
8) lucrative
Meaning : producing a great deal of profit(Adj).
Tamil Meaning : இலாபகரமான
Synonyms : remunerative
Antonyms : baneful
Example : “a lucrative career as a stand-up comedian”
9) tread
Meaning : a person’s manner of walking or the sound made as they walk(n).
Tamil Meaning : ஜாக்கிரதையாக
Synonyms : tramp
Antonyms : encourage
Example : “I heard the heavy tread of Dad’s boots”
10) enforce
Meaning : compel observance of or compliance with (a law, rule, or obligation).(v)
Tamil Meaning : செயல்படுத்த
Synonyms : force
Antonyms : disregard
Example : “the role of the police is to enforce the law”
11) writ.
Meaning : a form of written command in the name of a court or other legal authority to act, or abstain from acting, in a particular way.(n)
Tamil Meaning : நீதிப்பேராணை
Synonyms : mandate
Antonyms : reprieve
Example : “the two reinstated officers issued a writ for libel against the applicants”
12) pilgrimage
Meaning : a pilgrim’s journey.(n)
Tamil Meaning : யாத்திரை
Synonyms : excursion
Antonyms : stay
Example : “he wanted to go on a pilgrimage to Santiago de Compostela”
13) celibate
Meaning : abstaining from marriage and sexual relations, typically for religious reasons(adj).
Tamil Meaning : பிரம்மச்சாரி
Synonyms : monk
Antonyms : slut
Example : “a celibate priest”
14) relied
Meaning : depend on with full trust or confidence.
Tamil Meaning : நம்பியிருந்தன
Synonyms : believed
Antonyms : distrusted
Example : “I know I can rely on your discretion”
15) stipulates
Meaning : demand or specify (a requirement), typically as part of an agreement.
Tamil Meaning : ஒத்துப்போகிறது
Synonyms : agrees
Antonyms : requests
Example : “he stipulated certain conditions before their marriage”
