THE SABARIMALA ROW- CONDITIONED CONFLICT BETWEEN CUSTOMS AND EQUALITY

Abstract

The Sabarimala issue pertaining to the Entry of Female Devotees into the sanctorum sanctum of the renowned sabarimala temple, situated in the state of Kerala, had often sparked the debates of conflict of opinion and conditioned religionism in the country. The conflict on the ground level is between the Female activists and the Temple board, but on the intricate side of the same, the conflict is rather one that is channelized between the Archaic Customs and the Contemporary Societies ethics. Through this article, it is attempted to analyse the current case of Indian young Lawyers Association and Ors. v. The State of Kerala, in light of jurisprudential concepts like prevalence and reasonableness of a custom and the deontological perspective adopted by the courts in overlooking the archaic customs in view of profane humanity being the fundamental driving factor of modern-day societies.

At the crux of the debate lie pertinent and rather be waffling questions such as “Should the vows of Holy Celibate idol which is rather infructuous in physical existence be given importance over the Dignity of Women in the country?”, “Does a restriction based on a natural and biological process of human existence, suffer from the vice of un-reasonability?” and most importantly “Should a custom be revered even as though it certainly is dormant to the present day ethical system?”.

It is to be noted that, the questions as aforementioned, never derive a correct and wrong answer, rather more they can only be answered based of the weight of merit in contentions from either side, which is to be then compared in light of the most idealistic application to what is appropriate to the ethical code of human subsistence.