Sabarimala – A Shocking Denial of Social Justice to Women
Posted on : May 5, 2023Author : Preeti Saha
Women devotees protesting the Supreme Court verdict of entry of all women to Sabarimala
Sabarimala – A Shocking Denial of Social Justice to Women
Brief History of Sabarimala
The entry of women into the Shri Dharma Shastra temple at Sabarimala has been a point of contention in recent times. This temple is located at an elevation of nearly 500 meters at the Periyar Tiger Reserve in the Western Ghat mountain ranges of Kerala in Pathanamthitta district. This area was once inhabited by forest tribes of the region. The temple has been a shrine of Lord Ayyappa, who is known to be a NaishtikaBrahmachari (or a perennial bachelor). It is believed that Lord Ayyappa was born out of the union between Lord Shiva and Lord Vishnu (incarnated into Mohini) to kill Mahishi, the sister of the demon Mahishasur. According to historical sources, thousands of pilgrims visit this temple during November to January after a strenuous journey of 48 miles on foot through a dense forest and hill trek. The journey is beset with difficulties. However, the increasing number of pilgrims every year has adversely affected the forest environment. Hence, the number of routes reaching the shrine has been increased and proper infrastructure has been set up. Now most pilgrims walk only the last 5 kilometers starting from Erumala to the Sannidhanam or the holy shrine after taking a ritual bath in the river Pamba. It has always been a religious practice to follow the 41days Mandala Vratham (abstinence) before going to the temple in order to cleanse the thoughts and actions of the devotees. During this time the individual wears black, lets his hair and beard grow, walks barefoot, bathes twice a day, attends a daily puja, and abstains from alcohol, non-vegetarian food,and sex. Such persons are addressed as Ayyappans. Through the cultural practices adopted during this period they become ascetic renouncers.
The Exclusion of Women in Sabarimala
The women of menstruating age (10 to 50 years) are not allowed to enter the Sabarimala shrine on the ground that the presiding deity of the temple, Lord Ayyappa is a celibate. Besides, every woman would undergo at least one menstrual cycle which is considered impure during the 41 days of penance. Fertile women are also sexually distracting and therefore should be barred to prevent fuelling the male energy during the pilgrimage. Only the women who have not attained puberty or have attained menopause of have got their uterus removed (and can produce a medical certificate of the same) are allowed to enter the sannidhanam(holy shrine).
Judicial History of Sabarimala
In S. Mahendran vs the Secretary, Tranvancore (1991) the Kerala High Court banned the entry of women between 10 and 50 years from worshipping in Sabarimala on the reason that it was a long-standing custom prevailing since time immemorial. In 2006, six women of the Indian Young Lawyers’ Association filed a petition against this ban stating that prohibition of women based on biological factors violates Article 14, Article 15 and Article 17 and is also not protected by morality as used in Article 25.On Sept 28, 2018, the Supreme Court delivered a judgment in favor of the petitioner in a 4:1 majority based to the following reasons. The exclusionary practice violates right of women to visit a public temple and freely practice Hindu religion which is against Article 25 of the Indian constitution. The devotees of Lord Ayyappa do not form a separate religious denomination under Article 26. In the absence of any scriptural or textual evidence the court denied to accept the exclusionary practice as an ‘essential part’ of religion. The Court also held held Rule 3(b) of the Kerala Public Worship Rules to be unconstitutional. In her dissenting ruling, Justice Indu Malhotra took the stand that in a secular polity, courts must not interfere in matters of religion. These should be left to those practicing the religion. More than 50 review petitions were filed by various organisations, including the newly formed National Ayyappa Devotees (Women’s) Association and several Kerala-based caste organisations like the Nair Service Society and the All Kerala Brahmin’s Association. On 14 November 2019, a bench led by the (now retired) Chief Justice Ranjan Gogoi, in a 5: 2 majority judgement, referred the constitutional issues to a larger bench. But none of the review petitions had been addressed under the wake of Covid-19 pandemic.
The Sabarimala Upheaval
This judgement caused a huge upheaval in Kerala. The state became polarized and its public sphere witnessed discussions, debates and street mobilizations. Hundreds of Ayyappa devotees including women blocked the state and national highways in various parts of Kerala. The Chief Minister Pinarayi Vijayan said that the government was constitutionally bound to follow the orders of the apex court. Temple’s head priest, KandaruRajeevaru, said they were ‘disappointed’ by the court order but accepted it. Shiv Sena warned of ‘mass suicides’ if women set foot inside the temple. Kerala also witnessed large sections – including of women – rallying behind orthodox and upper caste-led opposition to the ruling. The Sangh Parivar and its various fronts, like the Hindu Munnani, the AkhilaBharathaAyyappa Seva Sangham, the Kerala Brahmana Sabha and the Ayyappa Dharma Sena, opposed the Court order. The Nair Service Society was in the forefront of the agitation, as were members of the former Pandalam royal family and the family spokespersons of the Thazhamon family, who were the chief priests of Sabarimala. The popular refrain heard in the case of the Ayodhya ruling – that ‘faith is above law’ – found its echo in Kerala. The Congress central command appeared eager to oppose the ban but the state unit positioned itself in support of the ban.As the worshipers began their trek to the temple, women journalists and female devotees were beaten by RSS goons in the guise of protesters.
In response to this anti-woman, upper caste upsurge the Chief Minister gave a clarion call for a ‘second renaissance’ on 16 October, 2018. He drew references from the history of social movements in Kerala and drew parallels between movements against sati, or the rights of so-called lower caste women to cover their breasts, or property rights for women and the Sabarimala agitation. All of these movements were opposed by elite conservative sections. However, he said that, ‘Our renaissance leaders taught us some customs are meant to be broken! We should remember this.’The CM called for the formation of a ‘woman’s wall’ or Vanitha Mathil to protect the renaissance values of the state and uphold gender equality in Kerala. On 1 January, 2019 the wall was formed solely by women and extended for distance of around 620 kilometers from Kasergod to Thiruvananthapuram. It became the world’s fourth largest human chain ever made. Similar woman’s walls were organized in solidarity in New Delhi, Mumbai and Chennai.
Current Situation at Sabarimala – Justice Denied
Four years after the landmark judgement of the apex court, few days before the beginning of the pilgrimage season in 2022, the Chief Minister of the State withdrew from his original support of the judgement in face of the contending public opinion. After the BJP objected to the police handbook which ensured access to everyone to the hill shrine, Devaswom (socio-religious trusts in Kerala) Minister K Radhakrishnan promised that the handbook shall be withdrawn. The BJP, which had led the protests in the wake of the Supreme Court order, said that the police handbook showed the government intended to use police to ensure entry of all women.Senior CPI(M) leader and former Temple Affairs minister G Sudhakaran said there was no need for any change in the age-old practice of not letting women of menstrual age into the temple. “This is something which we all accept and respect,”he said. The analysis of the 2019 Lok Sabha results had led the CPI(M) to conclude that its strident stand backing the Supreme Court had cost it the Hindu vote.
Concluding Observations from the Gender Spectrum
Menstruating women were originally stopped from going to the pilgrimage because the terrain was inhospitable and there was the potential danger of wild animals on the way that might be attracted to the smell of menstrual blood and pose a threat to the pilgrims. The 41-days trek has been now cut short to the last five kilometers and the whole visit can now be done in a day. So,in the present context there is no reason for restricting women.
Further, women are also not allowed in the temples when they are menstruating. Ironically, considering Menstruation as a taboo and treating women as untouchables during that period is like victimizing the female body for its potential fertility (Chawla 1994).
Women are prohibited on the ground that sexual intercourse is not permissible within the temple premises. The belief that fertile women are sexually distracting derogates women. This is similar to victim blaming in cases of rape and sexual harassment. Besides, sexual activity can also occur between two men and thus, there is no logic of restricting only women in order to prevent sexual acts during the pilgrimage. It also implies non-recognition of homosexual relationships by the government and the society at large.
The oral history of the Mala Arayas Adivasi community claims that the deity Ayyappan is their ancestral god and it was Brahminism that, with the help of state institutions, forcefully appropriated their god and the rights over the temple in the beginning of 19th century. The Adivasis established that the temple was gender neutral before falling into the hold of Brahminism. The practice of excluding women on the basis of age and bodily conditions was never imposed. It was only after 1950s that Ayyappan was turned into a hyper-masculine deity. (Thadathil, 2019)
This gives us a clear picture of the prevalence of gender disparity and gender injustice which has become so deep rooted that a large section of the society is still unwilling to let go off even the most regressive practices and traditions which are no more relevant in the present context.The existent women protestors demonstrate how women are using their democratic rights to freedom to uphold the age old unfreedom inflicted upon them. It is shameful how the egalitarian forces finally had to submit to the traditional orthodoxies of the society.
References:
- Chawla, Janet. “Mythic Origins of Menstrual Taboo in Rig Veda” Economic and Political Weekly, Oct. 22, 1994, Vol. 29, No. 43 (Oct. 22, 1994), pp. 2817-2827
(Chawla 1994)
- Thadathil,Avilash. “Adivasi Claims Over Sabarimala Highlight the Importance of Counter-narratives of Tradition” Economic and Political Weekly,Vol. 54, Issue No. 1, 05 Jan, 2019
(Thadathil, 2019)
Web References:
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Bibliography:
- Menon, Parvathi. “Sabarimala and Women’s Identity in Kerala”. Social Scientist, March–June 2020, Vol. 48, No. 3/6 (562-565) (March–June 2020), pp. 3-24
- Krishna and Parmesh. “Entry of women in Sabarimala: A Right or a Right in Disguise”. International Journal of Trend in Scientific Research and Development (IJTSRD). Volume 2, Issue V.
Preeti Saha
Intern, Asia in Global Affairs
The originality of the content and the opinions expressed within the content are solely the author’s and do not reflect the opinions and beliefs of the website.
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