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On behalf of the RESPONDENT in the matter of

IRAVANCORE BOARD The Managing and Administration authority of the

Lord Inappa Temple, Mahathi, State of Irelam …………………. Petitioner

VERSUS

UNION OF DIANA ……. Respondent 1

Through the Secretariat(s) to The Ministry of Law and Justice; Ministry of
Culture; Ministry of Social Justice and Empowerment; Ministry of Women And
Child Development
DIANA YOUNG LAWYERS ASSOCIATION …………………Respondent 2

RESPONDENT

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 ISSUE 1 – WHETHER A PERSON NOT BELONGING TO A RELIGIOUS
DENOMINATION OR RELIGIOUS GROUP CAN QUESTION A
PRACTICE OF THAT RELIGIOUS DENOMINATION OR RELIGIOUS
GROUP CAN QUESTION A PRACTICE OF THAT RELIGIOUS
DENOMINATION OR A RELIGIOUS GROUP BY FILING A PIL?

STATUTES

The imposed ban violates the CEDAW Convention:

in the case of Vishaka and Others v. State of Rajasthan, The Hon'ble Supreme
Court of Diana stated that "international agreements shall be applied when
there is a void in the domestic law or when there is any discrepancy in the
criteria for construing the domestic law"

Diana is a signatory to the (CEDAW). CEDAW requires all state parties to

eliminate gender stereotypes and stop encouraging stereotypes. Creating a
stigma around mensuration, as well as failing to prevent and prohibit any
discrimination or stigmatization based on mensuration, contradicts the CEDAW
mandate of achieving substantive equality through the dismantling of
stereotypes.

 The ban on women between the ages of 10 and 50 entering a Hindu

temple violates Article 25(1) and Article 17(2) of the Indian constitution.
It also violates the CEDAW Convention, which prohibits discrimination
or stigmatization based on gender based on mensuration.
1. The ban violates the fundamental right mentioned in Article 25: (a) It is
humbly argued beforethis Honorable court that Article 25(1)
unquestionably recognises the fundamental right of women between the
ages of 10 and 50 to enter the Inbaritemple . (b) The right to enter a
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 Hindu temple for the purpose of "darshan" or worship is one that derives
from the nature of the institution itself, and for the acquisition of such
rights, and no custom or immemorial usage need be asserted or proved16.
In the famous Shirur Math case, The Commissioner, Hindu Religious
Endowments, Madras v. Sri LakshmindraThirthaSwamiar of Sri Shirur
Mutt17, In this case, legislation in the form of the Madras Hindu
Religious and Charitable Endowments Act, 1951, sought to intervene
with the
2. settlement of a scheme relating to a Math known as the Shirur Math In
history, the Shirur Math is stated to be one of the eight Maths situated at
Udipi in the district of South Kanara and reputed to have been founded by
Shri Madhwacharya, the well-known exponent of dualistic theism in
Hinduism. This judgment must be stated in extensor since it is a landmark
decision for several issues addressed by Articles 25 and 26.

ISSUE 2 – WHAT IS SCOPE AND EXTENT OF JUDICIAL REVIEW WITH

REGARDS TO RELIGIOUS PRACTICES VIS – A - VIS FREEDOM TO
PRACTICE ONE’S RELIGION AS ENVISAGED BY ARTICLE 25 OF
CONSTITUTION OF INDIA?

SATUTES

 Article 137 of Indian Constitution states that, Review of judgments or orders by the
Supreme Court Subject to the provisions of any law made by Parliament or any
rules made under Article 145, the Supreme Court shall have power to review any
judgment pronounced or order made by it.

 Article 145 states that rules of Court

(1) Subject to the provisions of any law made by Parliament, the Supreme Court
may from time to time, with the approval of the President, make rules for
regulating generally the practice and procedure of the Court including-
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 (b) rules as to the procedure for hearing appeals and other matters pertaining to
appeals including the time within which appeals to the Court are to be entered;

(c) rules as to the proceedings in the Court for the enforcement of any of the
rights conferred by Part III;

(e) rules as to the conditions subject to which any judgment pronounced or order
made by the Court may be reviewed and the procedure for such review including
the time within which applications to the Court for such review are to be entered;

(f) rules as to the costs of and incidental to any proceedings in the Court and as to
the fees to be charged in respect of proceedings therein;

(h) rules as to stay of proceedings;

(i) rules providing for the summary determination of any appeal which appears to
the Court to be frivolous or vexatious or brought for the purpose of delay;

(j) rules as to the procedure for inquiries referred to in clause (1) of article 317.

 Article 372(1) states about the Continuance in force of existing laws and their
adaptation (1) Notwithstanding the repeal by this Constitution of the enactments
referred to in article 395 but subject to the other provisions of this Constitution, all
the law in force in the territory of India immediately before the commencement of
this Constitution shall continue in force therein until altered or repealed or
amended by a competent Legislature or other competent authority.

 Article 14 of Indian Constitution of 1949 states that, Equality before law The State
shall not deny to any person equality before the law or the equal protection
of the laws within the territory of India Prohibition of discrimination on
grounds of religion, race, caste, sex, or place of birth.

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  Article 25 of Indian Constitution of 1949 states that, Freedom of conscience and
free profession, practice, and propagation of religion.

 Article 26 of Indian Constitution of 1949 states that, Freedom to manage religious

affairs Subject to public order, morality and health, every religious denomination
or any section thereof shall have the right.

CASE LAWS

Maratha Reservation case (Indra Sawhney v. Union of India,1992 Supp. (3)

SCC 217), where the apex court said in its judgement that , " We do not find
sufficient ground to entertain this review petition. The review petition is
dismissed.”

It also further stated that, “we have carefully gone through the review petition
and the connected papers, but we see no reason to interfere with the order
impugned. The review petition is, accordingly, dismissed," the bench said.

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 ISSUE 3 – WHETHER THE PRACTICE EXCLUDING SUCH
WOMEN CONSTITUTES AN ‘ESSENTIAL RELIGIOUS
PRACTICE’ UNDER ARTICLE 25 AND WHETHER ‘ESSENTIAL
RELIGIOUS PRACTICES’ OF A RELIGIOUS DENOMINATION
OR EVEN A SECTION THEREOF ARE AFFORDED
CONSTITUTIONAL PROTECTION UNDER ARTICLE 26.

STATUTES

 Article 13 in The Constitution of India 194, states that

Laws inconsistent with or in derogation of the fundamental rights
 (1) All laws in force in the territory of India immediately before the
commencement of this Constitution, in so far as they are inconsistent
with the provisions of this Part, shall, to the extent of such inconsistency,
be void
 (2) The State shall not make any law which takes away or abridges the
rights conferred by this Part and any law made in contravention of this
clause shall, to the extent of the contravention, be void

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  (3) In this article, unless the context otherwise requires law includes any
Ordinance, order, bye law, rule, regulation, notification, custom or usages
having in the territory of India the force of law; laws in force includes
laws passed or made by Legislature or other competent authority in the
territory of India before the commencement of this Constitution and not
previously repealed, notwithstanding that any such law or any part
thereof may not be then in operation either at all or in particular areas
 (4) Nothing in this article shall apply to any amendment of this
Constitution made under Article 368 Right of Equality.

 Article 290A in The Constitution of India 1949, states that

(a) in the case of a charge on the Consolidated Fund of India, the court or
Commission serves any of the separate needs of a State, or the person has
served wholly or in part in connection with the affairs of a State;

CASE LAWS

Religions that originated either in south Asia or middle east or west, in any
timeline it be, managed to have one thing in common which is an algorithmic
suppression of females. So, this is not the only time when such an issue has
entered the jurisdiction of courts. Under the veil of essential religious practices
a lot has been justified in religions as sacrosanct, but had nothing which forms a
part of concrete evidence of such rituals. Taking in consideration the essential
of a custom, article 13 states the customs to be in consistency with
constitutional morality and shall pass the test of constitutional legitimacy.

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 Constitutional morality as established In the Joseph Shine case is adherence to
or being faithful to bottom line principles of constitutional values which extends
to equality without discrimination, individual autonomy and liberty and
recognition of identity with dignity. The fact that temple of inabri restricts the
entry of a sect of women is discriminatory towards the particular sect of women.
On grounds of no strong evidence in matters of Essential religious practice,
asin, the ritual of cow sacrifice on Eid was not considered as religious practices
in case of the mohd. hanif quareshi & others vs. The state of Bihar. similarly in
the case of, commissioner of police & Ors vs. Acharya J. Avadhuta and anr. it
was implied by Sc that tandava dance does not come under the essential
religious practices for Hindus. The restriction justified in any sense targets the
dignity of the women.

Question arises if Inabri temple and its devotees form a religious denomination?

The ceremonies of the temple are common to other Hindu temples and has a
centralised administration regulated by a statutory board under the Iravancore
board in Diana and is financed from the consolidated fund of Irelan under
article 290-A, so it doesn’tpasses the test laid down in the judgement of Shirur
Mutt which made a common organization under a common name mandatory for
being a religious denomination. The counsel would like to conclude that,

Any relationship with the creator is a transcendental one crossing all socially
created artificial barriers and not a negotiated relationship bound by terms and
conditions.

And this restriction is not an essential religious practice, just a form of

discrimination on the basis of their natural physiology.

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