Abstract
This article examines the constitutional, legal, and socio-cultural dimensions of gender-based exclusion from places of worship in India. Despite constitutional protections ensuring the right to equality and freedom of religion, women continue to face structural and institutional barriers to full participation in religious practices. By analyzing case law, feminist theoretical perspectives, and social movements, the article highlights the tensions between religious traditions and gender justice, proposing a rights-based framework that affirms inclusive religious access for all genders.
1. Introduction
India, a secular republic committed to equality, faces a profound contradiction between constitutional values and certain religious practices. While the Constitution guarantees freedom of religion under Articles 25 and 26, and the right to equality under Articles 14, 15, and 21, many religious institutions maintain gender-discriminatory customs that limit women’s access to worship spaces. This article interrogates these contradictions through doctrinal analysis, case studies, and feminist theory, focusing on contemporary controversies like the Sabarimala temple entry and the broader movement for gender equality in sacred spaces.
2. Constitutional Guarantees and Judicial Interpretation
The Indian Constitution provides robust protections for gender equality and religious freedom. Article 14 ensures equality before the law, while Article 15(3) empowers the State to make special provisions for women and children. Article 25 guarantees all persons the freedom to profess and practice religion, subject to public order, morality, and health. However, Article 26 grants religious denominations the right to manage their own affairs in matters of religion, creating a complex legal interplay.
In Indian Young Lawyers Association v. State of Kerala (2018), the Supreme Court ruled that the Sabarimala temple’s ban on women aged 10–50 violated Articles 14, 15, and 25, affirming that constitutional morality must prevail over traditional exclusionary practices. Similarly, in Shayara Bano v. Union of India (2017), the practice of instant triple talaq was held unconstitutional, reflecting the judiciary’s increasing engagement with gender justice in religious contexts.
3. Gender Discrimination in Sacred Spaces
Gendered exclusion in religious practices often stems from notions of ritual purity, particularly linked to menstruation. In the case of Sabarimala, temple authorities claimed that the deity’s celibate nature justified the exclusion of women. Such arguments, however, rest on patriarchal assumptions rather than theological necessity.
These exclusions are not religion-specific. Women have been denied entry in several other temples and mosques, including the Haji Ali Dargah and Shani Shingnapur temple. The justification of “menstrual impurity” perpetuates stigmatization and reinforces the myth of female impurity, contradicting scientific understanding and human rights principles.
4. Feminist Theoretical Frameworks
Feminist jurisprudence provides valuable tools for analyzing gender discrimination in religious spaces. Liberal feminism advocates for equal legal rights, focusing on removing barriers to women’s participation. Radical feminism critiques the patriarchal control of religious institutions, demanding structural transformation.
Intersectional feminism, as articulated by Kimberlé Crenshaw, emphasizes the overlapping systems of oppression faced by women, particularly those from marginalized communities such as Dalits, Adivasis, or the LGBTQ+ population. These perspectives help unpack how gender, caste, class, and religion combine to perpetuate discrimination in sacred spaces.
5. Historical and Cultural Context
Historically, the women’s movement in India has addressed religious and social reform in tandem. While figures like Rassundari Devi and Savitribai Phule challenged patriarchal norms within Hinduism, modern-day activists such as Trupti Desai have mobilized for women’s right to enter temples.
Religious scriptures, including the Manusmriti, often extol the virtue of women—declaring that where women are worshipped, gods dwell. Yet, these ideals have rarely translated into social practice. Instead, cultural customs and patriarchal interpretations have reduced women’s status and autonomy, particularly in spiritual domains.
6. Intersectionality: Caste, Gender Identity, and Disability
The struggle for gender equality in religious spaces must also consider caste, transgender identities, and disability. Dalit women and trans individuals face compounded exclusion due to both societal stigma and the hierarchical structure of caste-based religion.
Disability adds another layer of marginalization. Inaccessible infrastructure, social stigma, and gendered perceptions about “purity” exclude women with disabilities from full participation in worship. Feminist disability scholars such as Anita Ghai and Nilika Mehrotra have argued for inclusive practices and structural accessibility in religious domains.
7. The Judiciary as a Catalyst for Reform
India’s judiciary has played a transformative role in advancing gender justice in the religious sphere. The rulings in C.B. Muthamma v. Union of India, Air India v. Nargesh Mirza, and Vishaka v. State of Rajasthan have set precedents for challenging gendered norms not only in employment but also in personal and spiritual domains.
The Supreme Court’s articulation of constitutional morality in Navtej Singh Johar v. Union of India (2018) has strengthened the argument for interpreting religious freedom in a way that aligns with equality, dignity, and justice for all individuals.
8. International Standards and India’s Commitments
India is a signatory to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which obliges it to eliminate gender-based discrimination in all spheres, including religion. However, the implementation gap remains wide.
International norms, including those developed by the UN Special Rapporteur on Freedom of Religion or Belief, emphasize that religious freedom should not be used as a shield to justify gender-based discrimination. Balancing individual rights with group rights remains a complex but necessary endeavor.
9. The Role of Civil Society and Social Movements
Civil society has emerged as a key actor in challenging exclusionary practices. The Bhumata Brigade, led by Trupti Desai, has fought for women’s temple entry rights, drawing national attention to the issue. Social media campaigns and legal interventions have also helped create public awareness.
Grassroots movements, particularly those involving marginalized women, have highlighted that the right to worship is not merely about temple entry—it is about dignity, recognition, and equal citizenship.
10. Recommendations and Way Forward
- Codify Uniform Standards: Develop gender-neutral guidelines for access to all religious spaces, in line with constitutional principles.
- Education and Awareness: Challenge menstruation-related taboos and discriminatory practices through public education.
- Engage Religious Institutions: Encourage dialogue with religious leaders to promote inclusive interpretations of scripture.
- Infrastructure and Accessibility: Ensure that places of worship are physically accessible to women, elderly, and persons with disabilities.
- Strengthen Legal Protections: Enforce penalties for institutions that engage in discriminatory practices and ensure speedy judicial remedies.
11. Conclusion
The struggle for gender equality in religious spaces in India encapsulates the broader battle between tradition and constitutional morality. While religion remains a deeply personal and cultural anchor, its practice must not infringe upon the fundamental rights of individuals. As society evolves, so must religious practices—towards inclusivity, dignity, and justice. Upholding women’s right to worship is not just about equal access; it is about redefining faith in the light of equality.
References
- Indian Young Lawyers Association v. State of Kerala, (2018) 10 SCC 689.
- Shayara Bano v. Union of India, (2017) 9 SCC 1.
- Crenshaw, Kimberlé. “Mapping the Margins: Intersectionality, Identity Politics and Violence Against Women of Color.” Stanford Law Review, 1991.
- Fredman, Sandra. Discrimination Law. Oxford University Press, 2011.
- Basu, D.D. Introduction to the Constitution of India. LexisNexis.
- Jain, M.P. Indian Constitutional Law. LexisNexis.
- Ghai, Anita. Disability in South Asia: Knowledge and Experience. Sage Publications, 2015.
- Gopika Solanki. Adjudication in Religious Family Laws. Oxford University Press, 2011.
- United Nations CEDAW Reports, www.un.org
AYUSHMAN DUBEY
A61011120035
BA LLB (H)
AMITY UNIVERSITY MADHYA PRADESH, GWALIOR