‘Everyone Can Go’: Top Court On Entry Of Women In Sabarimala Temple
NEW DELHI: The right of a woman to pray is a constitutional right and does not depend on laws, the Supreme Court said today while hearing a bunch of petitions that challenge the traditional ban on the entry of women between 10 and 50 years of age in the famous Sabarimala temple. Women are of an age to menstruate are restricted from entering the temple as its presiding deity, Lord Ayyappa, is considered to be a celibate.
The temple board has even made it mandatory for women to provide age proof before they are allowed in.
"Every woman is also the creation of God and why should there be discrimination against them in employment or worship," said Justice DY Chandrachud, who was part of the five-judge Constitution bench hearing the case.
"All persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion... This means your right as a woman to pray is not dependent on a legislation. It is your constitutional right," the judge said.
In October last year, the top court referred the issue to the Constitution bench, framing five "significant" questions, the chief is which is whether the ban amounts to discrimination against women and violates their Constitutional rights. The bench, headed by Chief Justice of India Dipak Misra, also has Justices RF Nariman, AM Khanwilkar, and Indu Malhotra.
Today, state minister K Surendran said women should be allowed to offer prayers at Sabarimala, voicing the longstanding stance of the state's ruling CPM. "You are changing your stand again. This is the fourth time," Chief Justice Dipak Misra said, referring to the stands taken by the earlier governments.
The age notification, Justice Nariman said, is "arbitrary" as it "leaves out the 9-year-old girl and 53-year-old woman who are menstruating.
courtesy : ndtv.com
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Karnataka High Court urges Parliament to enact Uniform Civil Code
Bengaluru: The Karnataka High Court has urged Parliament and state legislatures to enact a Uniform Civil Code (UCC), stating that such a law would uphold equality for women, promote harmony among castes and religions, and protect individual dignity.
The observation came from a bench headed by Justice Hanchate Sanjeevkumar while hearing a property dispute involving the estate of Abdul Basheer Khan, who died intestate, leaving behind both inherited and self-acquired immovable properties.
In its judgment, the court directed the Registrar General to send a copy of the order to the Principal Law Secretaries of the Union government and the State of Karnataka. It stressed that enacting a UCC would align with Article 44 of the Constitution and the principles laid out in the Preamble—justice, liberty, equality, fraternity, and national unity.
The bench noted that a UCC would ensure justice and equal opportunity for all, particularly women, regardless of caste or religion, and would safeguard the dignity and individuality of every citizen. It also cited Goa and Uttarakhand as examples of states that have introduced UCC laws and encouraged others to follow.
In the case at hand, the High Court upheld a lower court ruling that recognised Shanaz Begum’s right to a share in three properties. The appeal filed by the sons of Abdul Basheer Khan was dismissed, along with a cross-objection by Shanaz Begum seeking a larger portion of the estate.
Article 44 of the Indian Constitution states that the State shall endeavour to secure a uniform civil code for all citizens across India.
