oppn parties Law Versus Faith, Tradition and Custom

News Snippets

  • Supreme Court holds hotels liable for theft of vehicle from their parking area if parked by valet, says "owner's risk" clause is not a shield from such liability
  • Finance Minister says she is receiving feedback from many sectors that recovery is happening as there is lower stress
  • Sabarimala temple opens, but police bar the entry of women below 50 years
  • Finance Minister Nirmala Sitharaman says Air India and BPCL to be sold off by March
  • Media person Rajat Sharma resigns as DDCA president
  • Shiv Sena, NCP and Congress postpone meeting the governor of Maharashtra
  • Shiv Sena not to attend the NDA meeting on 17th November, says break up "a formality"
  • Shiv Sena says that the confidence the BJP is showing about forming the government in Maharashtra is based purely on its expectation of getting numbers through horse trading
  • Anil Ambani resigns as director of the bankrupt Reliance Communications
  • India beat Bangladesh by an innings and 150 rums inside three days in the first Test. Indian pacers excel after Mayank Agarwal's double century
  • Sena-NCP-Congress work out a common minimum programme, will form the government soon and it will last 5 years, says Sharad Pawar
  • Income Tax Appellate Tribunal upholds the decision to withdraw the charitable status of Young India, making it liable to pay Rs 145 in income tax. Rahul Gandhi and Priyanka Vadra are the majority shareholders in the company
  • CBI raids offices of Amnesty International across India
  • Supreme Court quashes NCLAT order against Arcelor Mittal and paves the way for the company to take over ailing Essar Steel
  • Finance Minister Nirmala Sitharaman says concerns of telcos will be addressed and no company will close down
Supreme Court dismisses plea for review in Rafale case, says no need for roving inquiry, maintains clean chit to government
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Law Versus Faith, Tradition and Custom

By Sunil Garodia

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Writes for a number of publications.
BJP President Amit Shah is doing the wrong thing by encouraging the so-called devotees at Sabarimala to break the law and not allow the Kerala government to implement the Supreme Court order allowing entry of females aged between 10 to 50 years inside the sanctum sanctorum of the temple. He is of the opinion that courts should “respect” people’s “faith” and not give orders that cannot be “implemented”. His “rock solid support” for something illegal (as the stopping of women is after the SC order) displays a high degree of arrogance and a complete disrespect for the judiciary and rule of law.

Actually, there are no court orders that cannot be implemented. For politicians, there are only two kinds of court orders – one that is in their favour or to their liking and the other that goes against them or is not to their liking. They will become profuse in ‘respecting’ the judiciary once the order is in their favour and will move heaven and earth to implement it. But if the order is against them or lot to their liking, they will criticize the judiciary and cite law and order problems to say that the order cannot be implemented.

The Supreme Court has time and again reiterated that if the tradition, custom or faith of any religion clashes with the rights granted to the individual under the Constitution or any act in force, courts will always rule by interpreting the law and not give primacy to the religious practices. The courts have given several orders, including allowing women in Hazi Ali dargah and the practice of triple talaq, which went against tradition or faith but upheld the rights of the individual as enshrined in the Constitution. At that time, the government called it progressive. How then is Sabarimala different?

Amit Shah is playing a dangerous game for getting a foothold in Kerala. He is enticing Hindutva activists to actively oppose the SC orders and create problems for the Left-front government. He is shredding the fabric of social peace and harmony for short-term political gains. If he thinks that Sabarimala can be developed into another tool to consolidate Hindu votes he is sadly mistaken. For, women devotees driven by faith may voluntarily decide not to enter the temple. But if they are stopped by force, then the BJP risks losing the votes of women across the country as it will be seen as forced gender discrimination by Hindutva elements.