Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986

 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

 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:

  1. 2018 Verdict:

  2. 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.”
  3. Recent Development (2019):

  4. 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?

  1. 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.
  2. 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.
  3. 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:

  1. 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.
  2. 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.
  3. 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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Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986