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2018 Supreme(SC) 959

DIPAK MISRA, A. M. KHANWILKAR, ROHINTON FALI NARIMAN, D. Y. CHANDRACHUD, INDU MALHOTRA
Indian Young Lawyers Association – Appellant
Versus
State of Kerala – Respondent


Judgement Key Points

What is the status of the devotees of Lord Ayyappa — are they a religious denomination under Article 26? What is the correct approach to determine whether the exclusion of women (ages 10–50) from Sabarimala is an essential religious practice under Article 25(1) and 26? What is the constitutional relationship between Article 25 (individual religious freedom) and Article 26 (denominational rights) in the context of temple entry and the Kerala 1965 Act/Rules?

Key Points: - (!) - (!) - (!) - (!) - (!)

What is the status of the devotees of Lord Ayyappa — are they a religious denomination under Article 26?

What is the correct approach to determine whether the exclusion of women (ages 10–50) from Sabarimala is an essential religious practice under Article 25(1) and 26?

What is the constitutional relationship between Article 25 (individual religious freedom) and Article 26 (denominational rights) in the context of temple entry and the Kerala 1965 Act/Rules?


JUDGMENT :

       Dipak Misra, CJI.
      (for himself and A.M. Khanwilkar, J.)
Introduction

The irony that is nurtured by the society is to impose a rule, however unjustified, and proffer explanation or justification to substantiate the substratum of the said rule. Mankind, since time immemorial, has been searching for explanation or justification to substantiate a point of view that hurts humanity. The theoretical human values remain on paper. Historically, women have been treated with inequality and that is why, many have fought for their rights. Susan B. Anthony, known for her feminist activity, succinctly puts, “Men, their rights, and nothing more; women, their rights, and nothing less.” It is a clear message.

2. Neither the said message nor any kind of philosophy has opened up the large populace of this country to accept women as partners in their search for divinity and spirituality. In the theatre of life, it seems, man has put the autograph and there is no space for a woman even to put her signature. There is inequality on the path of approach to understand the divinity. The attribute of devotion to divinity cannot be subjected to the rigidity and stereotypes of gender. The dua











































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































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