It’s about constitutional morality
the Constitution of India were advanced before the apex court by a galaxy of legal luminaries. Most of them representing several Hindu organisations and institutions such as the Nair Service Society, the Pandalam Royal family, which claims to have special rights and privileges in respect of Sabarimala, and the high priests of Sabarimala vehemently opposed entry of women of all ages. After considering the arguments advanced for and against, the apex court with the dissenting voice of the only woman judge on the bench repudiated the Kerala High Court verdict of 1991 and upheld the right of women of all ages to enter into Sabarimala temple for offering prayers.
Shorn of the main assertions of the advocates of customary practices and rituals associated with Sabarimala and legal niceties, the crux of the matter is faith versus the law. Arguing that faith has no rationale and its validity or relevance cannot be tested against man-made laws, it has been argued for a long time in different contexts that faith is supreme in human affairs.
Going through the SC verdict given by the Chief Justice and three of his brother judges, it is amply clear that they have once and for all repudiated the supremacy of faith over the Constitution. On the underlying basic principle that the Constitution of India is supreme, the Chief Justice and his companion judges in different words unequivocally upheld that even in matters of religious faith, Governments, religious and other institutions and the people of India are bound by the constitution of the country. This historic verdict supersedes all other laws of the land and customary practices and beliefs and traditions of different religions/faith which are contrary to it. Thus, on the one hand, it proclaims the triumph of women’s rights towards equality with men and on the other it establishes the supremacy of Constitutional morality over customary laws, rituals and traditions. The far reaching socio-economic and political consequences of this historic verdict will unfold themselves as the country moves forward.
TKA Nair is former advisor to former Prime Minister Manmohan Singh The views expressed are personal