India is a multi-religious society with different religions; people follow the several kinds of rituals from the time immemorial.Rituals are the sacred and customary way of celebrating a religion or culture. The human behavior mostly depends upon the way of his living.

Right To Religion

Our Constitution provides one of the privilege fundamental rights, which is the Right to Religion. Right to Religion gives equal right to freedom of conscience and free profession, practice and propagation of religion under Article 25, to all the sections and classes of the society.

Right to religion, also have the restrictions as other fundamental rights and should be dealt in a correct manner. In case of any discrepancy or violation, the court has  the authority to intervene in that matter.

The same religious conflict occurred in the Sabarimala Temple, Kerala, when  Constitution bench of Chief justice Dipak Misra and Justices Rohinton Nariman, AM Khanwilkar, DY chandrachud, and Indu Malhotra, Lift the ban On entry of women between the ages of 10 and 50 years and struck down the Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorization Of Entry) Rules, 1965.

Rule 3

Rule 3, clearly violets article 14, Article 25(1) of the Constitution of India. As according to Rule 3 the ”woman at such time” , not allowed to enter into the temple. The law prohibited them to perform the following activities:-

  1. worship,
  2. bath or use of water of tanks situated inside and outside the temples.

This clearly violates Article 14, Article 25(1) of the Constitution of India., therefore the Constitution bench of Supreme Court with the 4:1 majority, overrules the rule 3 of KHPPW.

Rule 3 clearly indicates ”women at such time ”talk about the time period of their menstruation. Under rule 3 women were not allowed. They were not allowed to enter, worship, bath or use of water of tanks of the temples during the menstruation. During the menstruation time, the woman was not entitled to enter into the temple.

She was worship, bath, or use of water of tanks not only that are situated in the temple but which are situated outside the temple.

Even on the road or pathways which are requisite for obtaining access to the place of public worship, the tradition did not allow women.

Issues arise after lifting the ban:-

The lifting of the ban on entry of women created a religious issue. The devotees of the Sabarimala temple created a fuss about lifting a ban. The man population protested against the judgment. According to the devotees, the Court should not have intervened in the religious practices and rituals.

Key Points of the Judgment:-

  1.  Firstly, the Constitution of  India provides equality between man and woman.
  2.  Secondly, there cannot be any discrimination between them.
  3. Thirdly, a woman is not inferior to man.
  4. Moreover, rituals which do not violate anyone’s right are allowed.
  5. Further, As being a democratic nation, In India, every person can profess, practice or pursue his/her religion.
  6.  Also, A place of worship is open for all sects of the society.
  7. Furthermore, a ban on the entry of women in a temple is completely unconstitutional.
  8. Lastly, A biological feature cannot become as a ground for denial of right.


Thus,the practising of certain rituals that deny the rights of someone cannot be continued.


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