Critical Analysis of Minority Decision in Subrimala Judgement


Whether the Indian Constitution promises the Right of Secularity in real or it was added just as a fancy term to make the constitution more embellished? The concept of Secularism was welcomed in Indian Constitution through the 42nd Amendment which ensures the distance of State from the personal laws and religion of Indians. However, through the recent cases and intervention of the government instruments for instance formulation of triple talaq laws, entry of women in sabarimala case it can easily make out that the notion of Secularity appears only in written text of the constitution. In this Article the author trying to highlight how the impression regarding secularity has been molded with time in order to attain the aim of right to equality enshrined under article 14. Whether right to equality can override the concept of secularism? The author is trying to reflect whether it is possible that the concept of secularism and equality can go hand in hand without harming the rights of minority or there is a clear wall between both by analyzing the leading judgememt of sabarimala temple case which involve the issue regarding the barrier for women to enter in the temple during menstruation cycle. The said leading judgement can throw the light for understanding the scope of secularism in Indian Constitution in harmonization with other fundamental concept mentioned under part III of Indian Constitution. The judgement of subrimala case founded a new deminsion regarding the reputation of women in a society with their assertions and reasoning. However, the said judgement is indirectly dealing mainly regarding the right encourages the freedom of preservance of religious faith, the freedom which should be equally availed by all the citizens and the role of state in maintaining or determining the boundaries of both the privileges enshrined in the constitution by our constitution makers. 


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