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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