GS 2: PolityGS 1: Indian SocietyPrelims

When SC reviews 2018 Sabarimala ruling, the issues on the table, Pg16

Supreme Court to review Sabarimala verdict; examines constitutional validity of faith-based restrictions on women's entry to the temple.

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Key Highlights:

  • The Supreme Court will begin hearing review petitions on April 7 regarding its 2018 verdict allowing women of all ages into the Sabarimala Temple.
  • A nine-judge Constitution Bench will hear the review, with the bench composition to be notified separately by the Chief Justice of India.
  • The 2018 verdict implementation led to public backlash and political consequences for the ruling CPI(M) in the 2019 Lok Sabha election.
  • The case originated from a 1990 challenge in the Kerala High Court against the temple's ban on women aged 10 to 50.

Detailed Insights:

  • The initial challenge in 1990 led to a 1991 High Court ruling upholding the age restrictions as per tradition, directing the Travancore Devaswom Board to enforce the ban.
  • The Indian Young Lawyers Association filed a petition in the Supreme Court in 2006, challenging the ban as a violation of fundamental rights under Articles 14, 15, 25, and 51A(e) of the Constitution.
  • The 2018 Supreme Court verdict struck down Rule 3(b) of the Kerala Hindu Places of Public Worship Rules, 1965, which allowed the exclusion of women based on custom, sparking widespread criticism and review petitions.
  • In 2020, a nine-judge bench deemed the review petitions maintainable and framed seven questions for the Constitution Bench, without staying the 2018 verdict.
  • The Kerala government's stance has shifted with changing political leadership, initially supporting women's entry in 2007, then opposing it in 2016, and reverting to the original position with the return of the LDF government.
  • The CPI(M) is now attempting to balance its stance, with the Law Minister emphasizing the protection of faith, while the party secretary suggests the government and party positions may differ.

Key Concepts Involved:

  • Article 14: Guarantees equality before the law.
  • Article 15: Prohibits discrimination on grounds of religion, race, caste, sex or place of birth.
  • Article 25: Guarantees freedom of conscience and free profession, practice and propagation of religion.
  • Travancore Devaswom Board: Organization that manages the Sabarimala Temple.
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