Test of Valid Custom and Sabarimala Case

  • Abhishek Kumar Ranjan
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  • Abhishek Kumar Ranjan

    LL.M. student at Chanakya National Law University, Patna, India

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This essay explores the intricate relationship that exists between custom, tradition, and constitutional rights by analyzing the Indian Sabarimala issue. Hindu practices are strongly embedded in the Sabarimala temple, which is devoted to Lord Ayyappa and has been a place of religious pilgrimage for generations. But in 2018, the Indian Supreme Court overturned a long-standing tradition that forbade women of menstrual age from entering the temple with a historic ruling. In light of the constitutional values of equality and nondiscrimination, this study assesses the legitimacy of custom through a thorough examination of legal grounds, historical precedents, and societal settings. It examines the conflict between religious beliefs and fundamental rights, especially the freedom of religion and equality guaranteed by the Indian Constitution. Fundamental concerns concerning the legitimacy of custom in modern legal systems and its conformity with constitutional principles are brought up by the Sabarimala case. It draws attention to the conflict that exists between safeguarding individual liberty and gender equality and maintaining cultural heritage. This article looks at the arguments put out by the Supreme Court's supporters and detractors in an effort to provide light on the wider ramifications of judicial involvement in matters of religious tradition. Utilizing academic literature, empirical data, and judicial rulings, this study adds to the current conversation about the judiciary's duty to protect constitutional principles while honoring cultural diversity. It emphasizes the necessity of a balanced strategy that strikes a balance between upholding tradition and advancing gender equality and human rights. To sum up, the Sabarimala case is an important litmus test for the legitimacy of custom under the system of constitutional government. It serves as an example of how legal interpretations change in reaction to shifting social norms and values, which in turn affects how gender justice and religious freedom develop in modern-day India.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 1385 - 1400

DOI: https://doij.org/10.10000/IJLMH.117173

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