Topic– Indian polity : Issues
3) Supreme Court ending the Sabarimala ban is a triumph of constitutional morality over regressive social and religious practices. Critically examine. (250 words)
Why this question
The recent verdict of SC in Sabarimala case is another instance of SC stepping in to correct the discriminatory social and religious practices that are violative of part III of our Constitution. Analyzing this verdict, the reasons given by the court and examining the debates raised by the issue is to be prepared for mains.
Key demand of the question
The question expects us to bring out the verdict of the court in Sabarimala case and discuss the constitutional principles which the court deemed were violated by the religious custom. We need to bring out the pros and cons of the verdict along with the arguments given in the dissenting judgement that the tenets of secularism as enshrined in the constitution validates even the irrational practices of a religion. Post analysis, a fair and balanced opinion is to be provided along with way forward.
Critically examine – When you are asked to examine, you have to probe deeper into the topic, get into details, and find out the causes or implications if any . When ‘critically’ is suffixed or prefixed to a directive, all you need to do is look at the good and bad of something and give a fair judgement.
Structure of the answer
Introduction – Highlight the verdict of SC in Sabarimala case. Supreme Court has struck down the centuries-old ban on the entry of women aged 10-50 at the temple—this ban had been given legal sanction under the Rule 3 (b) of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965 —as unconstitutional.
Body – Discuss the arguments given by the court in striking down the centuries old practice Discuss how the practice was violative of Article 14, 15 and 21 of the Constitution. Discuss the dissenting view which gives primacy to religious freedom under Article 25. Discuss the other associated social issues – like the issue of gender equality, patriarchy etc
Conclusion – Give a fair and balanced view on the verdict and discuss way forward.