UPSC REVISION: SABARIMALA TEMPLE ISSUE

About Sabarimala Temple

Name of Case in SC: Indian Young Lawyers Association v. State of Kerala

ISSUE: ‘basic structure’ of Articles 25, 26 will be redefined while being compared and contrasted with with Article 14 (right to equality)

CULTURAL HISTORY

The Sabarimala temple is centuries-old and the ancient deity, Sastha, is the main Prathishta (idol) of the temple.

Around AD 1100, Manikanta was born and he became Ayyappa when he forged a consensus and unified the fighting Vaishnavite and Shaivite forces.

In fact, the very name Ayyappa was given to Manikanta as a title that combined Ayya (Vishnu) and Appa (Shiva).

Manikanta had a Nair army and also took into confidence the Muslim population in the then Kerala, led by Bavar (called Vavar in Malayalam).

Sabarimala’s uniqueness, as we have pointed out before the Supreme Court, is that it’s a symbol of the secular ethos and pluralism in south India.

Manikanta had a love interest who is consecrated as Malikapurathamma, who belonged to the Ezhava community, an intermediate caste of the time. Legend has it that Manikanta told her that he was observing Naishtika Brahmacharya (celibacy) for his land and dharma, and that he would marry her after fulfilling his mission.

Entry – favour

Discriminatory practice: The Supreme Court of India has repeatedly struck down discriminatory religious practices, the latest of which is the triple talaq

“Purity” notion: reventing women’s entry to the Sabarimala temple with an irrational and obsolete notion of “purity” clearly offends the equality clauses in the Constitution.

Violates A.15(1): The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them

Violates A. 25(1): Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion

Ignores A. 51A(e): to renounce practices derogatory to the dignity of women;

The very purpose of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965 is to ensure entry of all Hindus to temples without being discriminatory. Rule 3(b), which instigates obstruction to women’s entry on the ground of menstruation, apparently runs counter to the very object of the parent enactment and is therefore untenable.

 B.R. Ambedkar famously said that public temples, like public roads and schools, are places meant for public access and so the question of entry is, essentially, a question of equality.

The ethical autonomy of women and the intrinsic value of womanhood need to be asserted in the realm of spirituality.

Essential to prevent monopolisation of religious rights by a few under the guise of management of religious institutions. Those at the helm of affairs can only manage the institutions in a lawful and fair manner and they cannot be permitted to manage others’ freedom.

Ban “was an echo of an outdated class system which was keen to retain male dominance  in the society and discriminate women from public space and  places of worship.”

Entry – against

Article 26(b): to manage its own affairs in matters of religion;

Legends may be a part of folklore and belief, but several Supreme Court orders have recognised that deity is a legal entity with specific rights.

There are other Ayyappa (Sastha) temples which allow women to enter and worship, but the Prathishta Sankalpa (the core concept of the idol) and the moolmantra at Sabarimala are different.

Just like the Attukal Devi temple, hailed as a ‘women’s Sabarimala’, which has found a place in the Guinness Book of World Records as a temple that attracts the largest congregation of women, Sabarimala too has some unique customs and systems.

Lakhs of women congregate in Sabarimala every year. There is only one caveat: they should not be between 10 and 50, because of the specific nature of the Prathishta (idol) and the vow celibacy associated with the idol. Let us respect these diversities as India is the land of pluralism and multiple paths to the divine reality.

Taking the Sabarimala temple to court for restricting the entry of women of a certain age group is akin to meat-eaters suing vegetarian restaurants for discriminating against non-vegetarians by refusing to serve meat. Common sense response would be to say: “Go find a non-veg restaurant, of which there are plenty.”

In any civilised society, gender equality is to be treated as one of the core values. There are many more important values a democracy must uphold while standing up for gender equality — certainly not make a fetish of women’s rights. Other core values of our democracy and Indic civilisation are respect for diversity among the enormous range of communities cohabiting in India with substantial differences (as well as commonalities) in matters of faith, cultural practices, value systems, family structure, dress codes, food habits and ways of relating to the world as well as the divine. 

Way Ahead:

Article 25(2)(b) enables the state “(to provide) for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of the Hindus.”

Mutual respect for differences in ways of being, worship, singing, dancing, clothing, cooking, and so on is what enabled the rich diversity of India to survive through millennia.

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WHY WOMEN DEVOTEES DON’T ENTER SABARIMALA

According to the puranas, Ayappa was born to destroy a female demon who, thanks to a boon, could only be vanquished by a child born of both Shiva and Vishnu. When Ayappa fulfils his destiny by killing her, a beautiful woman emerges from the body. She had been cursed to live as a demon, but her killing reversed the curse. Now free, she asks Ayappa to marry her. He refuses, explaining to her that his mission is to go to Sabarimala where he would answer the prayers of his devotees. However, he assures her, he will marry her when kanni-swamis (FIRST TIME DEVOTEES) stop coming to Sabarimala. She now sits and waits for him at a neighbouring shrine near the main temple and is worshipped as Malikapurathamma. With hundreds of thousands of new devotees pouring in every year, hers will be a long wait.

And that is why women do not go to Sabarimala. It is partly out of empathy for Malikapurathamma and her eternal wait and it’s also out of respect for Ayappa's commitment to answer the prayers of his devotees.Since he is celibate, he should not be distracted. For hundreds of years, devotees had bought into this story. It has nothing to do with menstruation or being unclean. Anyone who goes to Sabarimala knows that.