SABRIMALA AND GENDER JURISPRUDENCE: A DISCOURSE ANALYSIS ON WOMEN ACCESS TO A TEMPLE IN KERALA

The idea of gender equality and freedom of religion are the two essential rights upheld by the Indian Constitution. Various International Human Rights instruments recognize the right to freedom of religion, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the European Convention on Human Rights. However, there are incidents where religious practices and traditional beliefs barred women of menstrual age from attending the temple. In the most controversial Sabarimala Case of Kerala, the same was contested as discriminatory and violative of the Right to Equality. The paper will critically analyse the case with the governing religious practices in its historical backdrop and India's Right to Freedom of Religion. The author will discuss the legal ramifications of the Sabarimala Temple Case and whether it includes a violation of women's rights, the reasons for the non-admittance of women in the and whether men to access the constitutes discrimination and a breach of Article 15, 25, and 26 of the Indian Constitution. Additionally, the paper posits and analyses the discourse of the judgment and its practical implications.