Custom Vs Constitution – Case Study Of Sabarimala Temple Issue

Rahil Rahman, BA.LLB, Symbiosis Law School, Hyderabad

ABSTRACT

Throughout history we can find the presence of law. Laws make it easy for a society to live, but what happens when one law seems to be in conflict with the other? In this paper the researcher explains what customary laws are and how customs are being treated as law. It further draws a parallel between the age-old customs and the present modern day law and gives a solution as to what should happen when their arises a conflict. The paper critically analyses the right to equality and right to freedom of religion and takes into consideration the judgements for better understanding. The issue of Sabarimala temple is discussed wherein the age-old customs dictated that women of age 10-50 should not be allowed to enter the temple, but on the other hand, the present modern day law i.e., the constitution gave the citizens the fundamental right to practice their religion freely. The concept of secularism, the fundamental rights enshrined in the constitution, the arbitrary and discriminatory factors, response of the society is recorded. Furthermore, it is explained as to why the age-old customs were removed and that today women of any age can enter the Sabarimala Temple.