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Cultural Issues: settling difficult in India (Why? (conflicts represent…
Cultural Issues: settling difficult in India
Sabarimala: Entry of women
Issues involved
Case appears easy
But, religious freedom clauses in Constitution are possessed with special complexity
Article 25
Recognizes right to freedom of conscience freely profess, practice and propagate religion,
There are some exceptions like public
order, morality and health
Art 25(2) creates exception by giving state power to make legislation, in interest if social welfare and reform
Art 26
Also subject to limitations imposed on ground of public order, morality and health
Accords every religious denomination, the right to establish and maintain institutions for religious purposes and to manage their own affairs in matters of religion
Arguments for
Ban on entry of menstruating women dosn't constitute core foundation assumed in religious denomination
Citing of Art 25(2)
Aiyappa is worshipped by women in other temples in world
Arguments against
Lord aiyappa is "Naishtika Brahmachari": Right of god to preserve Celibacy
Ban not on Misogny
Art 15(2) doesnt mention any restriction in entry to public places
Art 26: managing religious affairs on own
Can religious institutes be privatised?
Collection of money in name of god not valid, as god isnt any commodity
Demand for the Right to Privacy in a place of worship==> privatisation of God
God is available to all in equal terms
Temple is a house, not a prison - few people cant control it
Why?
conflicts represent deep, long-standing
and irreconcilable divisions in society
They touch issues of personal belief and
conviction
Constitutional amendments also consciously refrain from directly addressing them
This is reason why uniform civil code places under unenforceable DPSP
This issue too divisive to make it a fundamental right
Curious Case of Thirupathi
History
EIC, until middle of 19th Century oversaw management, administration of properties of Diety
After Madras Regulation Act of 1817,
the temple came under the Board of Revenue
Movement in England in 1840 disapproved a christian company administering Hindu/Muslim Institutions
Subsequently, admin was handed over to 'Mahant' of Thirupathu
Issue?
Mahant was supposed to bury donated gold coins under flagstaff. He got corrupt.
Madras HC order to dig up was a revelation
Inference