Critical analysis on ‘Indian young lawyers association and ors. vs. state of Kerala and ORS’

Our constitution came in to force 1950 and since then it has followed Equality, Equality before law, Equal Protection of Law, No Discrimination on the grounds of Race, Caste, Creed, Colour. etc., No one has right to discriminate Women. Recently in the Sabrimala Temple's (Kerala) Case we can see that women aged above 10 years and below 50 years of the age are not allowed to enter in to the temple for worship. It is one of the largest Hindu Pilgrimage Centers visited by 50 million devotees every year, The rule which was consent, the ban were listed in Kerala Hindu Places of Public Worship(Authorization of Entry) Rules of 1965.which violated of Freedom to follow and propagate religion listed in Article 25 of the Constitution. Especially under Article 25(2) says Legislature can enact a law to provide for “Social Welfare” and reforms or throwing open of Hindu Religious institutions of a Public Character to all classes and sections of Hindus. Article-25 is meant to apply to all religions and when the Constitution says no religion can discriminatingly restricted women, it applies to all religions Article-15, 17 and 25 did not bar the legislature from enacting laws to bring in Social Reforms, but the Constitution through a Fundamental right has protected Practices and Customs those are essential and integral to a religious denomination. Patriarchy is apparent in the belief that the dominant status of a man in society makes him capable of performing austerity while a woman, who is only a “Chattel of man” is incapable of remaining pure for the 41 days of penance prior to Pilgrimage1. However the Kerala Govt. had re-affirmed its complete support for lifting the prohibition.