The Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986 is a cornerstone in the Indian judicial history, highlighting the delicate balance of power between the executive and legislative branches of government . The case stemmed from a practice that had become routine for the Bihar government: the re-promulgation of ordinances without legislative approval, a process that Dr. D.C. Wadhwa, an economics professor, found to be a subversion of democratic principles . The Supreme Court's decision in this case was a resounding affirmation of constitutional law and its supremacy over executive convenience. By declaring the practice of re-promulgating ordinances without legislative consent as unconstitutional, the court reinforced the necessity of legislative scrutiny and the impermanence of ordinances, which are meant to be emergency measures, not a backdoor for enacting laws. This landmark judgment serves as a reminder of the importance of checks and balances within
Sabarimala Temple in Kerala
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The Sabarimala Temple in Kerala, India, has been at the center of a contentious legal battle regarding women’s entry. Here’s a summary of the key events:
2018 Verdict:
- On September 28, 2018, a 5-judge bench of the Supreme Court ruled that the temple’s practice of excluding women between the ages of 10 and 50 was unconstitutional1.
- The court held that this practice violated the fundamental right to freedom of religion under Article 25(1) for female worshippers.
- The ruling was seen as progressive, granting women equal rights to worship.
Controversy and Protests:
- The verdict led to massive protests in Kerala.
- Women who attempted to enter the shrine faced resistance, with some being assaulted or turned away.
- The temple’s historical ban on women was based on the belief that menstruating women were considered “unclean.”
Recent Development (2019):
- In November 2019, the Supreme Court agreed to review its earlier judgment.
- A larger bench will now hear the matter, but the original order allowing women’s entry remains in place.
- Police in Kerala have appealed for calm, emphasizing that action will be taken against those who take the law into their own hands2.
Current Situation:
- While women can still legally enter the temple, it remains a contentious issue.
- The fight for equality before the gods continues, as the case will be reopened by a larger seven-judge bench.
What were the Arguments For Women’s Entry?
Equality and Fundamental Rights:
- Advocates argue that women have the same constitutional right to worship as men. Denying them entry based on gender violates their fundamental rights under Article 25 of the Indian Constitution.
- Equality before the gods should prevail, irrespective of biological factors.
Modernization and Progress:
- Society has evolved, and discriminatory practices should not persist. Allowing women’s entry reflects a progressive outlook.
- The 2018 Supreme Court verdict emphasized this perspective.
Breaking Stereotypes:
- Allowing women of all ages to enter the temple challenges traditional stereotypes about menstruation and purity.
- It promotes a more inclusive and open-minded society.
Arguments Against Women’s Entry:
Religious Tradition and Custom:
- Opponents argue that the temple’s historical practice of excluding women is deeply rooted in tradition.
- They believe that the deity, Lord Ayyappa, is celibate and that women of reproductive age should not disturb his meditation.
Preserving Sanctity and Rituals:
- Some devotees believe that allowing women would disrupt the temple’s sanctity and rituals.
- The temple’s unique practices, including the 41-day penance (vratham), are considered essential for spiritual purity.
Respecting Devotees’ Sentiments:
- Devotees who adhere to the existing practice feel emotionally connected to it.
- They argue that their sentiments and faith should be respected, even if it means maintaining gender-based restrictions.
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