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Supreme Court of India 2018-09-28 allowed

Indian Young Lawyers Association & Ors vs State of Kerala & Ors

Bench: 5 — Dipak Misra, R.F. Nariman, D.Y. Chandrachud, Indu Malhotra

In Brief

The Supreme Court, in a 3–2 majority decision, held that the Sabarimala Temple's practice of excluding women aged 10–50 years from entry violates constitutional rights under Articles 14, 15, 17, 21, and 25. The Court found that Lord Ayyappa's devotees do not constitute a religious denomination entitled to protection under Article 26. The age-based exclusion is not an essential religious practice lacking scriptural foundation and inconsistent observance. The exclusion violates Article 17 as "untouchability" rooted in notions of menstrual purity and pollution. Rule 3(b) of the 1965 Rules is ultra vires the parent Act. Constitutional morality, derived from dignity and equality principles, must prevail over claimed religious practices destructive of individual rights.

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Religious Freedom Gender Discrimination Women's Rights Temple Entry Constitutional Morality Fundamental Rights Religious Denominations Untouchability Article 17 Menstruation Taboos

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