Case Commentary: Indian Young Lawyers Association V. State Of Kerala

Manasvi Pant, Institute of Law, Nirma University

Citation: Indian Young Lawyers Association v Union of India (2018) 10 SCC 224.

Facts

The Indian Young Lawyers Association v. State of Kerala is a landmark case dealing with the discriminatory practices witnessed in the renowned Sabarimala temple. A writ petition under Article 32 was sought by the petitioners praying for the court to direct the Government of Kerala, Devaswom Board of Travancore, Chief Thantri of Sabarimala Temple and the District Magistrate of Pathanamthitta to ensure entry of female devotees between the age group of 10 to 50 years to the Lord Ayyappa Temple at Sabarimala. The temple is known for its unique religious practices of a strict 41-day penance where the devotees renounce their worldly pleasures before visiting the temple. The prohibition on women and practices of the devotee stem from the belief that Lord Ayyappa is a celibate deity.

The issues that were referred to the larger bench were as follows:

1. Does the prohibition on menstruating women’s entry in the Sabarimala Temple violate Article 14, 15 and 17?

   
   

2. Is women’s exclusion an ‘essential religious practice’ under Article 25?

   
   

3. Does Rule 3 of Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules allow a ‘religious denomination’ to ban the entry of women between the ages of 10 and 50 years.

   
   

4. Are Lord Ayyappa’s devotees a separate religious denomination, hence bearing the right to manage the administration of their own affairs in matters of religion?

   
   

5. Whether Rule 3(b) of the Public Worship Rule is ultra vires the parent legislation?

   
   

The court strictly condemned such practices and noted that “There is inequality on the path of approach to understand the divinity. The attribute of devotion to divinity cannot be subjected to the rigidity and stereotypes of gender.” The court was of the opinion that spirituality and divinity is transcendental and therefore should not be restricted by physiological or biological factors. All the rules that are based in discrimination pertaining to biological characteristics can never find shelter under the realm of religious practices.