Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Re!igion/Religious Institutions - Gender Discrimination - Exclusion of women from entering temple on basis of custom and usage |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Matter Referred to Larger Bench |
Headnote | Religion/Religious· Institutions - Gender Discrimination - Exclusion of women from entering temple on basis of custom and usage - Constitutionality of - Petitioners pleaded for issue of appropriate writ or direction - to ensure entry of female devotees between age group JO to 50 yrs at the Lord Ayappa Temple at Sabrimala, Kera/a which has been denied to them on the basis of certain custom and usage; and to declare d(b) of the Kera/a Hindu Places of Public Worship (Authorisation of Ent1y) Rules. 1965 framed in exercise of powers cm1ferred ~y s.4 of the Kera/a Hindu Places of Public Worship (Authorisation of Ent1y) Act, 1965 as unconstitutional/ being violative of Arts. I 4. I5, 25 and 51A(e) of the Constitution - Held: Following' issues arise for consideration - Whether the practice of excluding woman based upon a biological factor amounts to "discrimination", thereby violating Arts. 14. I5, I7 and not protected by 'morality· as used in Arts. 25. 26 and whether such exclusion by a religious institution constitutes an "essential religious practice" u/Art.25 and whether they can assert such claim under the right to manage its own affairs in the matter of religion – Further 1; whether Ayyappa Temple has a denominational character and. if so, is it permissible on the part of a 'religious denomination ' managed by a statutory board and financed out of ConsolidatedFund of Kerala and Tamil Nadu to indulge in such practices violating constitutional principles/morality embedded in Arts.14.15(3),39(a) and 51-A(e)-Also, whether d of the Rules. 1965 permits 'religious denomination' to ban ent1y of woman between the age of 10 to 50years. and so. would it not violate Arts.14.15(3) of the Constitution by restricting ently of woman on the ground of sex -. Lastly. whether f.3(b) of the Rules, 1965 is ultra vircs the Act, 1965 and treated to he intra vires. whether it will he violative of the provisions of Part-Ill ·of the Constitution - Since, significant issues arise for consideration therefore. matter referred to the Chief Justice to constitute Aappropriate larger bench - Constitution of India - Arts.14.15.17.25.26.32.39 and 51A - Kera/a Hindu Places of Public Worship (Authorisation of Entry) Rules. 1965 - 1:3(b) - Kerala Hindu Places of Public Worship (Authorisation of Entry) Act. 1965 - s.4 - Public Interest Litigation. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2017 INSC 1040 |
Petitioner | Indian Young Lawyers Association & Ors. |
Respondent | State Of Ker,ala & Ors. |
SCR | [2017] 14 S.C.R. 618 |
Judgement Date | 2017-10-13 |
Case Number | 373 |
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