Judicial Approach towards Socio-Cultural Paradox on Entry of Women at Sabarimala

dc.contributor.authorArora, Tarun
dc.date.accessioned2022-07-07T10:28:33Z
dc.date.available2022-07-07T10:28:33Z
dc.date.issued2022-03
dc.description.abstractJustice 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.en_US
dc.identifier.issn0976-3570
dc.identifier.urihttps://ir.nbu.ac.in/handle/123456789/4597
dc.language.isoenen_US
dc.publisherUniversity of North Bengalen_US
dc.subjectconstitutional moralityen_US
dc.subjectdiscriminationen_US
dc.subjectexclusiveen_US
dc.subjectgender neutralityen_US
dc.subjectgovernanceen_US
dc.subjectinclusivenessen_US
dc.subjectsilencesen_US
dc.subjectsoundsen_US
dc.subjectspatiotemporal analysisen_US
dc.titleJudicial Approach towards Socio-Cultural Paradox on Entry of Women at Sabarimalaen_US
dc.title.alternativeIndian Journal of Law and Justice, Vol. 13, No. 01, March-2022, pp. 29-45en_US
dc.typeArticleen_US
periodical.editorBandyopadhyay, Rathin
periodical.issueNumber1
periodical.nameIndian Journal of Law and Justice
periodical.pageEnd45
periodical.pageStart29
periodical.volumeNumber13

Files

Original bundle

Now showing 1 - 1 of 1
Thumbnail Image
Name:
Judicial Approach towards Socio-Cultural Paradox on Entry of Women at Sabarimala.pdf
Size:
1.34 MB
Format:
Adobe Portable Document Format
Description:
Judicial Approach towards Socio-Cultural Paradox on Entry of Women at Sabarimala

License bundle

Now showing 1 - 1 of 1
No Thumbnail Available
Name:
license.txt
Size:
1.54 KB
Format:
Item-specific license agreed upon to submission
Description: