Judicial Approach towards Socio-Cultural Paradox on Entry of Women at Sabarimala
DOI
Access Status
This content is available to Open Access.
To download content simply use the links provided under the Files section.
More information about licence and terms of use for this content is available in the Rights section.
Type
Article
Date
2022-03
Journal Title
Indian Journal of Law and Justice
Journal Editor
Bandyopadhyay, Rathin
Journal ISSN
Volume Title
Publisher
University of North Bengal
Statistics
Total views and downloads
Views
442Downloads
123Citation
Arora, T. (2022). Judicial Approach towards Socio-Cultural Paradox on Entry of Women at Sabarimala. Indian Journal of Law and Justice, 13(1), 29–45. https://ir.nbu.ac.in/handle/123456789/4597
Authors
Arora, Tarun
Advisor
Editor
Abstract
Justice is an attribute, in other words, a value addition to the dignity of life. Underscoring the vitality of this virtue of governance, the Constitution of India places it as the foremost goal of the polity. The juristic connotations indeed envision Constitution as a leveler lifting the veils from age old traditions of subjugation of women. Various provisions of the Constitution reflect gender neutrality as well as affirmative clauses of enabling nature equipping the State to take special legislative and executive measures for special classes or categories. Undoubtedly, the purpose of these clauses is to ensure a transformation not only of polity but also placing individual at the centre of a just societal order. Though little yet the significant impact of constitutional provisions on the lives of women can be witnessed on ground level. It cannot be ignored that the constitutional spirit is usually vulnerable to dynamic socio-cultural paradoxes owing their origin to political constructions and narratives. These paradoxes turn the situation into more aggravated form due to interface of law, administration, religion and politics in Post Truth World. Overflow of information in cosmetic democratic make over by the totalitarian or populist regimes with subtle ideologies block thought process in making the rational choices.
In view of the above, the present paper highlights the role of judiciary being the final interpreter of the provisions of the Constitution to ensure constructive transformation. It elaborates the meaning, nature and scope of freedom to profess, practice and propagate the faith or religion and its inter-relationship with liberty to manage religious affairs in reference to gender inclusivity. The discussion revolves around the judgment of the Supreme Court of India in Sabarimala Matter, 2019 wherein the court attempted to find out the solution of the paradox prevailing in India from ages. Bodenheimer’s backward full forward push theory has been applied as a constitutional tool to filter out constitutional spirit from multi-polar assertion of truths- truth of social-cultural taboos viz a viz the truths of constitutionalism.
Description
Citation
Accession No
Call No
Book Title
Edition
Volume
ISBN No
Volume Number
13
Issue Number
1
ISSN No
0976-3570
eISSN No
Pages
Pages
29 - 45