Menstrual “impurity”, women’s access to public worship and the law: a feminist re-writing of the Sabarimala judgement S. Mahendran v The Secretary, Travancore Devaswom Board AIR 1993 Ker 42

Uma, Saumya (2021) Menstrual “impurity”, women’s access to public worship and the law: a feminist re-writing of the Sabarimala judgement S. Mahendran v The Secretary, Travancore Devaswom Board AIR 1993 Ker 42. Indian Law Review, 5 (3). pp. 288-309. ISSN 24730580

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Abstract

The central concern of the case was the constitutional validity of a long-enforced prohibition on women aged 10–50 from entering the Hindu temple at Sabarimala, Kerala, with the intersection of freedom of religion and equality rights of women as its backdrop. The Kerala High Court’s judgement of 1991, which upheld its validity, was followed by a complex web of litigation and protests, culminating in the Supreme Court judgement of 2018 in Indian Young Lawyers’ Association v. State of Kerala. The 2018 judgement, with a majority of 4:1, held that the prohibition was unconstitutional and discriminatory against women. However, by adopting a feminist analysis, I demonstrate not only that the Kerala High Court judgement overlooked women’s right to freedom of religion, but that the tools to deliver a more gender-equal judgement were fully available to the High Court in 1991, and had the potential to be applied to the issue.

Item Type: Article
Keywords: Access | CEDAW | Exclusionary | Freedom of religion | Menstruation | Public worship | Purity | Sabarimala | Secularism | Women’s equality rights
Subjects: Social Sciences and humanities > Social Sciences > Gender Studies
Social Sciences and humanities > Social Sciences > Human Rights
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 24 Jan 2022 14:22
Last Modified: 24 Jan 2022 14:22
Official URL: https://doi.org/10.1080/24730580.2021.1937893
Additional Information: I thank the editors and the anonymous peer reviewers for their insightful comments and suggestions. Earlier versions of this paper were written in collaboration with Deepa Das Acevedo, and the final paper continues to reflect, with her consent, her thoughts, ideas and some of her prose from previous drafts. I am deeply grateful for the engaging deliberations, respectful disagreements and the difference in perspectives with Professor Acevedo, which have enriched the contents of this article.
URI: https://pure.jgu.edu.in/id/eprint/807

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