THE BAR ON WOMEN TO ENTER PLACES OF WORSHIP: A VIOLATION OF FUNDAMENTAL RIGHTS

“Unity in Diversity hasn't been depicted in the different religions of India with the one possible exception of discrimination towards women, be it Islam, Hinduism or Christianity.” Bias in the eyes of Gods towards the gender when coupled with the defense of long-prevailing custom having the force of law, is inexplicable and completely unconstitutional. It violates the Fundamental rights of women as they are not subjected to equal treatment and that too for their gods, as alleged by the priests. The legal battle does not stand against the religion as enshrined under Article 25 of the Constitution; it stands against the wrong religious practices and customs followed in these religions which are subject to Part III.1 The Constitution aims for elimination of discrimination against the social backward classes and women. The state is under a duty to protect and make laws for the protection of women.2The Indian government must also not forget that development of women's rights has just beencognes, implying that principles of international law can override the principles of domestic law.3 The paper also throws light upon the recent Supreme Court judgment negating any kind of discrimination against women to enter into the Sabrimala temple to offer their prayers.