The Shabarimala Stalemate: Deadlock Of Misconceptions And Incontrovertible Sentiments At Loggerheads
Nandini Ravishankar, School of Law at Dr. Vishwanath Karad MIT World Peace University, Pune.
ABSTRACT
The establishment of equanimity has always been a clarion call for all constitutional patriots. In extremism, a few pseudo-feminist neither decipher the sanctity of Dharma nor possess the ability to bring to the surface the policies of a temple that has entrenched its position endowed with customs since time immemorial. The dawn of the beckoning call of judgment in the fateful year of 2018 saw a gallop of flooding responses with a part of the country hailing it as an impetus to promote equality under Art 14 of the Indian Constitution forked from others who preferred upholding respect, adherence, veneration and reverence towards policies considered gospel- truth by the deity in the sanctum-sanctorum of the temple on the higher pedestal. On severability of tumultuous pebbles of obfuscations in this dispute, what surfaced the most was people's acquaintance with associating this custom of the temple with Sati-Pratha, Widow remarriage despite not being oblivious to the fact that it is always possible to compare something catastrophic with a custom that is received as a scape-goat to be attacked. One needs to hammer in the head that this has got no relation with menstruation as has been discussed by masses with much adulation or for that matter celibacy (which will be explained further). Thus with an intertwined combination of half-baked knowledge of both the constitution and the religious practices, situations have been witnessed where the ambit for answering the opinion of those women who are averse to temple entry of their homogenous clad is still in abeyance. This research paper will thus delve deep into the precarious chasms of understanding that needs to be molded the right way, keeping in mind that one cannot consider oneself to be representative of a religious denomination and call it an infringement of fundamental right without tracing back the roots of its profused branches:
A thorough analysis of the 2018 Sabarimala verdict through a dichotomous lens of opinionated approach- Declaring that a place of worship cannot be a secular place given pragmatically for all intents and purposes it is a religious place. Application of these policies to differing sentiments of a non- practicing and practicing segment of the populace will certainly lead to a deadlock situation. Therefore, what is the way out? Prior establishment of the scope of the Sabarimala devotees to form a separate religious denomination under 25, after which-The Dharmashastha of the temple is prostrated by the devotees who believe into the certain dogma of religious tenets, abiding which becomes essential practice for making that sectarian path of devotion plausible. Hence, a practice essential for the practice of a religion can be an essential religious practice and therefore protected under art 25: A contrary analysis and clarification. Examining if the rights of the deity who is a religious person make the rights of the people subservient under its shadow?
Proving through case law that Art 21 is supreme to Art 25 that comes crashing down upon the very authenticity of the petition, given this paper peruses the compilation of the work of Dr. Sinu Joseph (prolific religious thinker and mental health activist) and tracing the legacies of temples like kamakhya temple in Assam that have similar practices of prohibition of entry of men for a purpose – a scientific lens of studying chakras and surfacing the fact that prohibition of temple entry, in fact, protects Right to health under Art 21.
Pervasive state control – is it a reiteration of losing the authority over the prerogative to run the temples in accordance with one’s religious instruction and whether this action infringes art 25? In addition to this, further elaboration on intelligible differentia formed under the veil of this custom alleviates the intensity of buttressing the infringement of Art 14: Perusing the Padmanabhaswamy temple verdict.
Keywords: Chakras and Brihadharanyaka Upanishad, Religious denomination, Authority over religious instruction, Consecration of energies and Shat chakra nirupana, Equanimity through a new lens.
