Centre's Submission to Supreme Court Challenges Landmark Rulings on Religious Practices and Adultery
Drawing a distinction between religion and law
Hindustan Times
Image: Hindustan Times
The Indian government's recent submission to the Supreme Court questions the 2018 ruling allowing women of all ages to enter the Sabarimala shrine in Kerala, arguing that access to worship is rooted in religious beliefs rather than gender discrimination. Additionally, the Centre seeks to overturn the 2018 decriminalization of adultery, claiming it relies on an overly broad interpretation of 'constitutional morality'.
- 01The Centre argues that access to religious sites should not be viewed through the lens of gender discrimination.
- 02The government cautions against assessing religious practices based on modern standards of rationality or scientific defensibility.
- 03The Centre seeks to challenge the 2018 Joseph Shine judgment that decriminalized adultery.
- 04The government's stance reflects a potential regression to colonial-era moral standards.
- 05The concept of constitutional morality is pivotal in various landmark judgments, including those on privacy and homosexuality.
Advertisement
In-Article Ad
The Indian government has submitted a significant argument to the Supreme Court regarding the 2018 Sabarimala verdict, which permitted women of all ages to enter the shrine in Kerala. The Centre contends that the issue of who can worship is a matter of religious practice rather than gender discrimination. It warns the nine-judge bench against applying modern standards to religious practices, emphasizing that many discriminatory customs stem from misinterpretations of scriptures. Furthermore, the government is advocating for the overturning of the 2018 Joseph Shine judgment, which decriminalized adultery, arguing that it was based on an excessively broad interpretation of 'constitutional morality'. This judgment is seen as crucial in distinguishing between private acts and the state's role in personal matters, following the 2017 ruling that upheld the right to privacy. The government's push to challenge these rulings raises concerns about a return to colonial moral standards, which contradicts the principles of a mature republic.
Advertisement
In-Article Ad
This legal battle could redefine access to religious sites and personal freedoms, impacting women's rights and privacy laws in India.
Advertisement
In-Article Ad
Reader Poll
Should the government uphold the 2018 Sabarimala verdict allowing women access to the shrine?
Connecting to poll...
Read the original article
Visit the source for the complete story.