Hindustan Times (Jalandhar)

Sabarimala is now open to all

The SC strikes yet another blow in favour of gender equality

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Back-to-back judgments by the Supreme Court have given a big fillip to women’s rights in one of the most contested areas—sexual autonomy. After decriminal­ising adultery on Thursday, the Supreme Court on Friday struck down the rule barring women between 10 and 50 years of age — that is to say, menstruati­ng women—from entering the Sabarimala Temple in Kerala. “The ban says presence of women deviates from celibacy. This

ourtake is placing the burden of men’s celibacy on women. It stigmatise­s them, and stereotype­s them,” said Justice DY Chandrachu­d, one of the five judges of the Constituti­on Bench that heard the matter. This remarkable observatio­n by an apex court judge mirrors the language of the women’s movement. Male celibacy is a function of male desire, and specifical­ly since this rule applies to menstruati­ng women, it implies that the women who are being barred are women who are objects of desire. Girls below 10 years, and women above 50 years, clearly aren’t. Women from oppressed castes are desirable, but impure, and thus subject to even greater exercise of control. This is what patriarchy looks like: unequal categories subject to the male gaze. Several commentato­rs tried to obfuscate the central issue of gender equality in spaces of worship, by providing teleologic­al arguments. Even the recent devastatin­g floods of Kerala were enlisted to justify barring women from entering the temple, arguing that the deluge was a sign of divine anger against the legal case—but a comment like this isn’t really about the wrath of God, is it? It is about men retaining the power to control women’s access to spaces of worship. God is used to justify this only to make the claim seemingly unassailab­le.

Happily, the Constituti­on of India can, and does, assail such majoritari­an and discrimina­tory impulses. Last year, the Supreme Court ruled the practice of instant triple talaq unconstitu­tional, after a movement led by Muslim women. Similarly, in the matter of Sabarimala too, it was Hindu women who led the movement to address this egregious inequality. If the burden of male celibacy must not be placed on women then neither should the burden of male desire. Marital rape is not considered rape in India. This is the next movement that we must, en mass, rise for — consent should be written into every sexual encounter within marriage. Without it, women will remain chattel of men against the wisdom of the apex court and the Constituti­on of India.

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