By: Sameeksha Puthran | Final Year LL.B Student
“I measure the progress of a community by the degree of progress which women have achieved.”
- Dr. B.R. Ambedkar
The Indian Constitution has granted women the same fundamental and constitutional rights as men, including the right to equality, the right against discrimination, the right to worship, and many others. On paper, women have the same status as men. But the reality is somewhat different. The freedom of a women to enter places of worship has curtailed due to age old practices in the name of religion. This violation of fundamental right is not seen in the case of men hence highlighting the gender biasness in exercising freedom of religion.
India and Religion
India is a country with diverse religions. India is home to four major religions: Buddhism, Christianity, Hinduism, and Islam. It is widely understood that religion is based on personal belief and does not define a person’s faith, as it relates to their inner conscience. This means that each religion teaches how to behave through its sacred writings. People of all religions follow the rules that are taught in their religion’s holy books. For example, in Hinduism, the rules come from the Vedas. In Buddhism, they come from the Tripitaka. In Christianity, they come from the Bible. And in Islam, they come from the Sharia and the Koran. People of all religions hold a significant role in every religion. After India gained independence, the Indian parliament included a special provision in the Constitution to highlight and protect women’s rights.
Freedom of Religion in India: The Constitutional Framework: Equality vs. Faith
The Constitution provides basic rights to women and all citizens.
- Article 14[1] provides that the state must ensure that every person is treated equally under the law and receives the same protection of laws throughout the territory of India.
- Article 15[2] states that the State must not treat any citizen unfairly just because of their religion, race, caste, sex, place of birth, or any combination of these factors.
- Article 25[3] gives freedom of conscience and the right to freely profess, practice, and propagate religion.
Secularism and Equality
India’s Constitution incorporates the principle of secularism. Secularism involves building, learning about, and showing respect for various religions. No religion is better than another, and everyone is treated the same. All religions are safeguarded by the Indian constitution. From the perspective of the Indian constitution, various laws have been enacted in India to address gender-based imbalances and support the empowerment of women.
According to the Constitution, the idea of equal treatment for men and women is included in the Indian Constitution. This principle is found in the Preamble, the Fundamental Rights, the Fundamental Duties, and the Directive Principles. The Indian Constitution grants the right to religion under Articles 25 to 28. The Constitution also plays an important role in protecting religious freedom.
Articles 25 and 26 are not restricted to issues related to the doctrine of belief. It also applies to actions taken in support of religion, so it includes protection for rituals, their practices, and ways of worship, which are essential parts of religious life. What is considered an essential part of religious practice is determined by the court for a specific religion and includes actions that the community views as part of their faith. The idea of religion and secularism involves understanding how religion, which is one of the most significant social institutions, interacts with secular aspects of society.
The Indian Constitution safeguards religious freedom through Articles 25 to 28. It plays a key role In protecting the rights related to religion. Articles 25 and 26 are not restricted to issues related to doctrine or belief. It also applies to actions taken in support of religion, so it includes protection for rituals, practices, and ways of worship that are essential parts of religious life. A court has determined what is considered a necessary part of religious practice for a specific religion, and this includes actions that the religious community views as integral to their faith.
Societal Norms and The “Impurity” Myth
Gender inequality persists across various religious personal laws in India, where women are consistently treated as less equal than men under all these legal frameworks. Patriarchal systems, lack of awareness, ongoing subjugation, deep-rooted traditions, strong male chauvinism, and the failure to enforce laws effectively have all led to the current situation where women’s rights and status are heavily suppressed. Therefore, they treat women unfairly in matters like marriage, inheritance, and child custody.
They are not able to fully enjoy their rights. There are several reasons, and one of them is the biological characteristics of their body i.e. Menstruation. This feature of their body has been used as a basis for discrimination due to religious beliefs and myths. Because of this, they are losing their religious freedom.
In some Hindu communities, women are not permitted to enter places of worship while they are menstruating. They are also forced to live in separate homes and are even required to stay in the cattle sheds because there is no separate space available for them. The menstrual cycle, a natural physiological process, has become a tool for discrimination, affecting the self-esteem and autonomy of adolescent girls, which in turn impacts their psychological and social well-being. The courts have made many decisions and have said that men and women are equal.
The Constitution of India also gives everyone the right to be treated equally. But sadly, in practice, this equality is not always followed. Menstruation taboo is a type of social taboo that is closely related to menstruation. It is entirely a biological and natural process. In some societies, it is seen as dirty and not clean. There are many myths surrounding the menstrual cycle, and these myths often stem from discriminatory beliefs that negatively affect women. These religious and social practices influence the way people think so much that talking about them openly is seen as something not allowed in public.
On the other hand, women are not allowed to enter religious areas or the kitchen. In the conservative Indian society, women are seen as untouchable and impure during adolescence. They cannot go into public religious sites that are used by Hindus, Muslims, and Parsis. Outside public places of worship, there are deep-rooted notions of women’s impurity during menstruation. They are not allowed to touch religious books and items, pray, cook, or go into the kitchen. Girls are taught from a young age about the expectations and rules related to their periods.
Not only this, the menstruating nature of their bodies is the reason to deny their role as priests, and the lack of autonomy is the reason for their subordination. A woman’s menstrual period is seen as a wrongdoing, and she needs to make things right for it.
In many parts of India, women are not allowed to sleep in the bed, go into the main house, touch other family members, or eat spicy food. The effect of these practices on the mental state of girls during the early years of their menstrual cycle is hard to Imagine. We can see how hypocritical people are in our society when it comes to this issue.
On one side, we worship the goddess Kamakhya and celebrate the Earth’s menstruation during the Ambabuchi Mela, an annual fertility festival in Assam that takes place in June. On the other side, women who are menstruating are not allowed to take part in religious activities.
The Sabarimala Case : Indian Young Lawyers Association and the State of Kerala[4]
Sabarimala temple is the temple of Lord Ayappa located in the Sabri hills of Kerala. There was a rule that women between the ages of 10 to 50 who are menstruating were not allowed to enter the holy shrine.
Sabrimala temple is one of the biggest pilgrimage sites in the world, and around 3.5 crore Hindu devotees visited the temple in 2017. Lord Ayyappan is the son of Shiva and Mohini and is of celibate nature. He is revered for his qualities of self-discipline and purity.
His choice to remain unmarried is the main reason why women between the ages of 10 and 50 are not allowed to enter. They were not allowed to even go on the journey to the shrine. The reason given for this rule was that people who visit the Sabrimala temple must observe a 40-day vow before entering the temple and performing their worship there. It is believed that adolescent girls are unable to develop self-esteem and life skills due to menstruation. This is thought to result in a lack of confidence and independence. Because of this monthly bleeding, they are not eligible to perform the pilgrimage.
According to the rules of Kerala Hindu Places of Public Worship (Authorization of Entry) Rules 1965, the High Court of Kerala upheld the ban on women of menstruating age to enter the holy shrine. The rule applies only to women entering at times when they are not permitted to go into temples according to local customs and traditions. The Board issues annual notifications to inform the public about the prohibition on the entry of women in the age group of 10 to 15 years.
The whole issue about the Sabarimala temple began when a petition was filed in the Supreme Court challenging the decision of the Kerala High Court, which had supported the ban on women of menstrual age entering the temple.
The ruling by the Kerala High Court upholding the ban on women’s entry was contrary to the rights to equality and self-respect. The tradition of keeping women of menstruating age out of the temple was disrespectful and hurtful to their dignity.
The Supreme Court said that restrictions on women entering places where people pray are not only found in Sabarimala but also in other places. The Supreme Court said that stopping women from entering is not fair and goes against their right to worship equally. This is when the rights of women, as given by the Constitution of India, are being broken. The Court also noted that every person has the right to freely express, follow, and share their religious beliefs as guaranteed by the Constitution of India.
In 2018, the Supreme Court of India delivered its judgment on the Sabrimala issue. The Court ruled that the practice of excluding women of menstruating age from the temple is unconstitutional and discriminatory. This decision highlights the importance of strengthening the self-esteem and life skills of adolescent girls, which are essential for them to better resist social and family pressures. It is an act that violates the rights of women. The Court struck down rule 3 (b) of the Kerala Hindu Places Of Public Worship Act, stating that it undermines self-esteem and autonomy, which are essential for adolescent girls to resist social and familial pressures, as the restrictions are based on prevailing usages and customs.
The dissenting views were expressed by the judges on the bench, which consisted of Chief Justice Deepak Mishra, Justice Nariman, Justice Chandra Chud, and Justice Indu Malhotra. After the judgment, many young women in this age group tried to enter the temple but were often prevented from doing so. They encountered strong resistance and violence from the men and women. The protests and hartals by the people show that people were not happy with the verdict of the Supreme Court.
The Supreme Court received almost 56 petitions for review of the judgement allowing the women to enter the temple.
On November 14, 2019, a panel of five judges forwarded the Sabarimala review petitions to a panel of seven judges, which was led by Chief Justice of India Ranjan Gogoi. Justices Chandrachud and Nariman said that once a judgment is given, it is final and applies to everyone. The Supreme Court did not change its ruling on women’s entry into the temple and also addressed other related issues. The focus remains on strengthening the self-esteem and life skills of adolescent girls, which are essential for their empowerment.
The case of Haji Ali Dargah: Dr. Noorjehan Safia Niaz And Anr vs State Of Maharashtra And Ors[5]
In this case petition was filed under Article 226 of the Constitution. This was done in the High Court of Bombay, with the aim of challenging restrictions on women’s entry into Haji Ali Dargah.
The case was started due to gender discrimination and because women were not allowed to enter the innermost part of the Haji Ali Dargah. The Trust said that women were not allowed to enter the dargaah because entering it came with different kinds of dangers. The risks included the visibility of their breasts during prayers and the entry of women into sexual harassment.
The Court held that these points are totally illogical with respect to the ban on the entry and restriction on the autonomy of women, which contravene Articles 14, 15 and 25 guaranteed by the Constitution of India. This ruling set a precedent and ended the stalemate caused by superstitions and religious differences in India. The court also made the state responsible for ensuring that women are given proper safety and protection in public places of worship.
The case of Shani Shignapur temple
In Maharashtra, the popular Shani Shignapur temple was also known for its ban on women’s entry. For many years, social reformers and activists have been criticizing this ban. In January 2016, a woman mistakenly entered the temple, which led to a decline in its status. The idol inside the temple was cleaned, and to clean it, the idol was washed with milk. This act undermined women’s status, and later, Trupati Desai, a social activist, founded the ‘Bride’ organization challenge the gender bias rules that were in place there.
In Maharashtra, the Maharashtra Temple Entry Act, 1956 has banned women from entering the temple.
The Bombay High Court allowed women to enter the Shani temple and stated that no rule can stop them from going inside. It was further held by the Court that the law should be the same for everyone, irrespective of any consideration.
Ban on Hijab in Educational Institutions : Aishat Shifa v. State of Karnataka[6]
The Karnataka High Court supported the ban on hijab in educational institutions in March 2022. The court stated that hijab is not an essential religious practice and, therefore, is not covered by Article 25 of the constitution, which sets out the fundamental right to practice one’s religion.
Gender equality: A Far cry
India is a country where women are revered as goddesses in the temples, but this alone doesn’t fully explain what it means to be a woman. A woman plays a vital and important role in society, and without her, life as we know it would not exist. From their homes to schools, sports, politics, science, and technology, they have made their best efforts and contributed to the development of the nation.
Education and awareness are powerful tools that can transform society, and it is important to highlight the role of women in religious activities, such as promoting their confidence and empowering them to take on leadership positions as priests.
It is certain that the Constitution of India and other laws of the country grant many rights to women, and the government has launched several programs aimed at improving their welfare and ensuring their safety. On one hand, women have many rights and opportunities available to them, but on the other hand, they are often denied these same rights because of society’s expectations, religious beliefs, or other various reasons. Why so? If men and women are equal, why are women’s rights being undermined?
The Constitution of India, which is the highest law of the country, has granted numerous rights to the people of India and other individuals, including the right to equality.
Equality means everyone is treated the same under the law, and there should be no discrimination based on religion, race, caste, gender, or place of birth. However, sadly, there are many religious practices or strong beliefs that prevent people from enjoying their rights, or in other words, stop them from using them.
The natural cycle of a woman’s body, specifically menstruation, often leads to discrimination. During this time, women are frequently excluded from activities like worship, entering temples, touching sacred texts, and performing prayers. This exclusion violates their rights to equality, freedom of religion, and protection from discrimination. Such practices are completely against the Constitution.
Unfortunately, this behavior is common in our society on a big scale, happening both at home and in temples. Women are taught from a young age not to engage in any activities connected to worship during these days. In public areas, there are common traditions that prevent women from entering religious sites. This practice was a complete violation of their right to pray due to the menstruation they experience each month. This practice is found in many countries and is not limited to any specific region or religion. In mosques, women of all ages are not permitted to take part in prayer.
If a woman is not allowed to enter a religious place, it is not just a violation of her right to dignity, but also harms her psychologically. Article 25 of the Indian Constitution ensures that every citizen has the freedom to practice their religion without facing any discrimination based on caste, gender, or religion. This article gives women the right to follow and share their religion without any unfair treatment. To enter religious premises can be considered part of this right. In addition to these rights, there are some basic duties that are given to help protect the dignity of women. However, the practices throughout India shows that this right is denied to women of different religions in the name of customs, religious practices etc .
When the Supreme Court of India gave its decision on the Sabarimala issue, some people were very upset with the ruling, while others were happy because they saw it as a win for women.
Many people protested against the judgment to protect their valuable religious practices, while others appreciated it. The protest included both men and women, who were all protesting against the judgment. When the petition was brought to the court against the practice that was commonly followed in the Sabarimala temple, a disagreement between religion and the Constitution came up. The supreme law of the land provides women with the right to equality and the right to worship. Religion is not allowed to snatch these rights away from them.
Rules based on biological traits will not hold up under the Constitution. The reason why the women weren’t given the right to worship in the temple was because the deity was supposed to be celibate. Making women celibate is like taking away their rights. The Constitution doesn’t support such restrictions. These practices not only violate the constitution but also contradict the fundamental human rights of women.
Conclusion
The women play a very important role in society, and without them, life would not be the same.
In India, the irony is that while different goddesses are worshipped, young women are not allowed to enter the temples. All citizens of the country, including women, are allowed to practice their religion freely. However, women are not permitted to enter different religious places. We live in a society where men are in charge and women are expected to give up their rights. Women’s rights are being violated due to different religious beliefs.
The Indian Constitution forbids gender discrimination under Article 15. If someone’s rights are violated because of this discrimination, they can seek legal help from the court. It’s not easy to take action against every case of this kind of discrimination because these norms are followed in almost every home without anyone speaking up. A biological process has become a reason for the violation of constitutional rights of women.
Menstruation is a natural body process that happens in women, but some people in society believe it is unclean. However, there’s no impurity in this process. This fact was confirmed by the Hon’ble Supreme Court in its verdict on the Sabarimala issue.
Besides this decision, there are other court rulings where the focus was on the right to equality and freedom of worship. The court said that keeping women from entering is completely unfair and shows bias against women. Because of religious beliefs, women are being taken away from their rights.
The Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights are the two agreements that guarantee the freedom to practice religion. India is signatory to both. The UN Declaration of Human Rights states that every individual is free to profess and practice his religion. However, the ICCPR states that freedom of religion is not absolute and has certain restrictions. It is limited for the sake of public safety, morality, and other similar reasons.
In religious places, to stop unfair treatment based on gender, it should be allowed for people to choose where they want to pray or worship, whether inside the temple or another religious site. This choice should belong to the individual. No one should be permitted to prevent someone from entering the place where they worship. Outside some places of worship, there are signs that say menstrual women are not allowed inside the main part of the temple. This kind of board should be taken away, and if it’s found written there, strict measures must be taken. It must be the choice of the person and one should respect it.
References
- “From the Sabarimala Temple to Triple Talaq: The Issue of Religious Discrimination against Women in India – Asia Dialogue” (March 28, 2019) https://theasiadialogue.com/2019/03/28/from-the-sabarimala-temple-to-triple-talaq-the-issue-of-religious-discrimination-against-women-in-india/ accessed September 18, 2025
- Agarwal RA and D, “India’s High Court Upholds Right of Women to Enter Religious Places | OHRH” https://ohrh.law.ox.ac.uk/indias-high-court-upholds-right-of-women-to-enter-religious-places/ accessed September 17, 2025
- “India Law Journal” https://indialawjournal.org/denial-of-entry-of-women-to-religious-shrines.php accessed September 17, 2025
[1] The Constitution of India, CONST, art. 14
[2] The Constitution of India, CONST, art. 15
[3] The Constitution of India, CONST, art. 25
[4] Indian Young Lawyers Association and the State of Kerala (2018) SCC Online SC 1690
[5] Dr. Noorjehan Safia Niaz And Anr vs State Of Maharashtra And Ors (2016) AIR 2015 BOMBAY 83
[6] Aishat Shifa v. State of Karnataka (2022) 2022 SCC Online SC 1394