Mrinalini Menon, BBA LLB, DES Navalmal Firodia Law College (Fergusson Campus)
ABSTRACT
As social human beings we all belong to a particular society or group of people and in order to demarcate between animals in the wild and social beings we have certain set rules and protocols in our society which is decided on majority basis. Some of these rules which we follow religiously turn out to become a custom. These customs are then carried on to be followed by the coming generations and they even become a law. Entry of only those women, who are either below 10 or above 50 into the Sabarimala temple is one such custom that has been followed for many years. Religious customs do change with time according to the society but as long as those practices do not cause any grievous harm to anyone it should be allowed to continue as India is a secular country with the freedom to practice any religion.
“In matters of conscience the law of the majority has no place” a line very appositely said by the Father of our Nation Mr. Mohandas Karamchand Gandhi. It was on 28 September 2018 that the Supreme court of India ruled that women of all ages could enter the temple of Sabarimala. Now the question that remains in all of our minds is which side of this dispute is conscience and which one is law?
