In the conflict of customs and law, which one should prevail?
the Sabrimala temple verdict where the young lady filed the petition against the lord Ayyapa temple situated in Sabrimala, famously known as Sabrimala temple, on the basis of gender discrimination and breach of fundamental right of right to move freely. Legally, the Supreme court passed the judgement in the favor of the petition that women of the age group of 12-50 or the time period of their life while they menstruate have the equal right to enter inside the temple without the further restriction. But will it not affect the customary law or the local public religious sentiments?
ARTICLE 26 states that:-Every religious denomination or any section thereof shall have the right-
(a) To establish and maintain institutions for religious and charitable purposes;
(b) To manage its own affairs in matters of religion;
(c) To own and acquire movable and immovable property; and
(d) To administer such property in accordance with law.
which means every individual or the authority have the right to establish and maintain their religious institutions with their own customs and laws. it is their own and their localities affair and noone, not even the apex authority can interfere in their religious matter if it does not violates basic principals of the law.
Certain restrictions will be there and true follower or the the practitioner will obey and follow the customary law if its comes on belief. There are several other customs which are there for ages and people do obey and respect them without questioning them. Men are not allowed in women restrooms because its about the basic structure and not about the rights
As i was reading about this verdict i came across with an article where they were talking about the women empowerment, and how this custom was against the feminism. The customs are not biased on any particular gender or group of age people it was all about the certain belief and practice which were their for generation to generation. There are temples and worship places where even men are not allow and IT IS TOTALLY FINE.
Muslim women are not allowed to be there inside the mosque menstruating or not. they have there belife which should be respected. Non- muslim are not allowed in makka madina and non-hindus are not allowed in mahashiv lord temple and the same custom should be respected.
ALL WOMEN ON CERTAIN AGE PERIOD WON’T MENSTRUATE
I heard about this statement where the people in favor of the judgement said that women who won’t menstruate at that time period also get effected. Well that’s a 1 in a million case and administer everyone for this will be against the humanitarian.
Worship comes inside the soul and not only through the physical presence. As for now women have the choice to follow the custom, and probably the locals will follow this at least for next few generation.Though we are not sure about the outside.
Laws above have the two faces of coins, it should be use for the betterment of the society and maintain peace but loosing customs at the cost of just a mere harmless breach of right might affect the society later.
also it was just my personal opinion i their might be several flaws from my side and it was not against the judgement it was all about the my perspective beside the judgement