Sanskruti Madhukar Kale & Harshal Chhabra, Gujarat National Law University
ABSTRACT
A Five-Judge constitutional bench of the Hon'ble Supreme Court, in a 4:1 ratio, overturned the nation's long-standing restriction against menstruating women worshipping at the hilltop temple of Sabarimala on September 28, 2018, when it handed down a momentous decision in the case of Indian Young Lawyers Association vs. State of Kerala. The ruling brought with it, ferocious protests, division of the political class of Kerala into halves and answers to several consequential questions, which, furthermore, incited a cascade of some new, some more question marks. This paper attempts to address some of them, such as, Can the constitutional prohibition on gender discrimination be waived to accommodate sacred, long-practiced customs? Can the indispensably salient values of equality and freedom, which sometimes seem to be incompatible, be put together on the same pedestal? Are democratic and egalitarian standards to be placed outside the doors of sacred locations? and others. The paper also offers a bird's-eye view of the historical, cultural and traditional background of the controversial case, highlights of the ruling, arguments for and against the verdict, a review of the judgement, a protracted debate on “customs” and “law” and a comprehensive analysis of the same with the help of similar cases where Customs and Law overlapped or were in conflict, followed by a brief note on the noteworthy aftermath of the judgement, recommendations, way forward and a, logically sound, conclusion.
