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Sabarimala: Judicial OverActivism of Supreme Court


Sabarimala Issue: Administrative or Religious


Quick thoughts around the Sabarimala issue. I am not sure if Supreme court can actually give a ruling on Sabarimala temple.



Understanding the issue in Sabarimala vs. Supreme Court:


Women between the ages of 10 and 50 cannot enter the temple because Lord Aiyyappan vowed celibacy and didn’t want to be distracted by other women. Hence Sabarimala temple remains closed for women of these ages

Unnecessary Judicial Activism:


Firstly, Courts are supposed to interpret laws and not make them.Their job is to provide correct interpretation and nothing more.


Secondly, Whenever passing a judgement, there has to be an overarching principle which can be applied universally to all situations. For e.g. universal voting rights which means that everyone should be allowed to vote and if women are not allowed to vote then the court can pass judgement again this practice on the overarching principle of equality


Thirdly, the issue should be negatively impacting the well being of the individuals alienation in policy making (voting rights denied), denial of healthcare, denial of spiritual well being.

In this case it is clearly a case of judicial over-activism.


It is denying the wishes of an individual and passing judgments with no overarching principle or a law.


Hypothetical Scenario For Sabarimala:


If I create a club today and it becomes a really fabulous club but I don’t want men to enter, then it is my right as an individual to do so. Court cannot infringe upon my right to privacy and my personal property unless I am doing something illegal.

Secondly, the question of it being a government property vs a private property doesn’t arise. All other religions except Hinduism in India can have private places of worship. (a private church or mosque can be there but not a temple). So temples are forced to share ownership with the state.


Lastly, whether state owned or privately owned, right to privacy exists for everyone. I cannot demand entrance to a woman’s prison or a maternity ward citing discrimination as there is nothing that is being done is illegal.

Overall, the principles of equality and gender justice don’t apply here to Sabarimala like they do in triple talaq.

Non Issue Created In an Issue in Sabarimala

It is neither a religious issue nor an ethical issue. It is simply a case of Supreme court infringing the rights of individual deities in Sabarimala. they have created issue where there never was one.



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Comments

  1. RaghuJuly 4, 2020 at 6:06 PM

    Nicely written. Btw look into who started it & who is funding the whole thing? The intent & real motive behind such things are very imp.

    ReplyDelete

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