IN THE HON’BLE SUPREME COURT OF INDOI

THE APPEAL IS FILED UNDER ARTICLE 133 APPELLATE JURISDICTION OF

SUPREME COURT IN APPEALS FROM HIGH COURT IN REGARDS TO CIVIL
MATTERS UNDER THE CONSTITUTION OF INDOI.

IN THE MATTER OF

“STREE”
...APPELLANT

V.

UNION OF INDOI
...RESPONDENT

WRITTEN SUBMISSION ON BEHALF OF THE APPELLANT

Page 1
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TABLE OF CONTENTS

 ABBREVIATIONS
 INDEX OF AUTHORITIES
 STATEMENT OF JURISDICTION
 STATEMENT OF FACTS
 STATEMENT OF ISSUES
 SUMMARY OF ARGUMENTS
 ARGUMENTS ADVANCED
1. Whether rule 20A of the Temple of Sarvaswami (Procedure and Regulation of
Entry) Rules, 1989 which excludes women from entering into the temple is
unconstitutional?
2. Whether exclusion of women would amount to essential practice of religion of
worshipers of Swami Ekvalya?
3. Will Rule 20A fall within the category of positive discrimination within
Constitution of INDOI, 1950?
 PRAYER
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ABBREVIATIONS

ABBREVIATION FULL FORM

Art. Article

v. Versus

SC Supreme Court

Const. Constitution

Section
Sec.
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INDEX OF AUTHORITIES

CASES
 Venkatramana Devaru v. State of Mysore, AIR 1958 SC 255 (Paragraph 32)
 N. Adithayan v. Trawancore Devosam Board (2002) 8 SCC 106 (Paragraph 4)
 Seshammal v. State of Tamil Nadu (1972) 2 SCC 11
 Young India Lawyers Association v. State of Kerala, 2018 SCC Online SC 1690
 S.P. Mittal v. Union of India (1983) 1 SCC 51 (Paragraph 80)
 Salekh Chand v. Satya Gupta and Ors. 2008 13 SCC 119 (Paragraph 26)
 P.M.A. Metropolitan v. Moran Mar Marthoma, AIR 1995 SC 2001, 2026: 1995 Supp (4)
SCC 286
 A.S. Narayana v. State of Andhra Pradesh, AIR 1996 SC 1765, 1792: (1996) 9 SCC 548
 Adi Sawai Sivachariyargal Nala Sangam and Others v. Government of Tamil Nadu and
Others (2016) 2 SCC 725
 Papnasam Labour Union v. Madura coats Ltd., AIR1995 SC 2200

BOOKS
 Basu D.D , Constitution of India ,14th edition 2009, LexisNexis, Butterworths
Wadhwa Publication, Nagpur.
 Jain M.P., Indian Constitutional Law, 6th Edition 2011, LexisNexis Butterworth Wadhwa
Nagpur.
 The Constitution of India, Bare Act, Professional Book Publishers, 2018

LEGAL DATABASE
 Manupatra
 Westlaw
 SCC
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LEGISLATION
 The Constitution of Indoi, 1950
 Prayal Pradesh Hindu Places of Public Worship (Rules and Regulation) Act ,1988
 Temple of Sarvaswami (Procedure and Regulation of Entry) Rules, 1989
 MEMORIAL ON BEHALF OF APPELLANT

STATEMENT OF JURISDICTION

The Appeal Is Filed Under Article 133 Appellate Jurisdiction Of Supreme Court In Appeals
From High Court In Regards To Civil Matters Under The Constitution Of Indoi, 1950.
 MEMORIAL ON BEHALF OF APPELLANT

STATEMENT OF FACTS

 Sarvaswami Temple is the temple of Swami Ekvalya. It is situated in the vicinity of Tikri
jungle within the state of Prayal Pradesh situated in the country of INDOI.
 Swami Ekvalya is the symbol of celibacy and chastity. His followers usually follow
celibacy.
 The temple contains a waterfall and it is believed that those who bathe in the fall will
attain moksha after death.
 The temple is governed by Prayal Pradesh Hindu Places of Public Worship (Rules and
Regulations) Act, 1988. This act authorizes the temple to make special rules and
regulations for regulation of the temple.
 Temple authorities have made rules under the above stated act, for the regulation of the
temple. It was named as Temple Of Sarvaswami (Procedure And Regulation of Entry)
Rules, 1989.
 The rules provide for the procedure to be followed by the worshippers before entry to the
temple. According to the rules the worshippers who want to pray in the temple of
Sarvaswami has to follow 20 days fasting and certain ceremonial formalities.
 The process to be followed for 20 days includes that they will stay in the camps inside the
Tikri jungle and will only eat fruits. They have to do yoga according to the procedure
specified within the rules.
 Only Men were allowed to visit the temple but no specific rule was framed in this regard.
When they strictly follow this procedure for 20 days then only they are allowed to
proceed further on the journey to temple of Sarvaswami and take bath in the holy
waterfall.
 Worshippers from various parts of the country and even from foreign countries use to
come and visit the temple after performing the ceremony.
 There were instances where some female worshippers got hurt due to certain reasons.
Once a group of female worshippers slipped in the fall and was carried away by the
current and drowned. On another occasion a female worshipper was attacked by some
 MEMORIAL ON BEHALF OF APPELLANT

dangerous animal in the jungle and got hurt. Once few male worshippers misbehaved
with some female worshippers.
 Because of these recurrent events the temple authorities decided to amend the rules. They
added rule 20A which states “female worshippers above the age of 12 and below the age
of 60 are not allowed to enter into the temple”. The reason behind this rule as stated by
the temple was to protect females from getting hurt because of the peculiar nature of the
journey to reach the temple and also to protect the celibate character of the deity and his
worshippers.
 A group of female worshippers travelled a long way to worship lord Ekvalya and to take
bath in the holy fall but were prohibited under the said rules.
 Aggrieved by the rules one public spirited organization ‘STREE’ representing these
females filed a PIL in Prayal Pradesh High Court challenging the said rule as
discriminatory under Art. 14, 15, 17, 25 of the Constitution of INDOI.
 The temple authority contended that they have the final authority in this regard under the
Prayal Pradesh Hindu Places of Public Worship (Rules and Regulations) Act, 1988. The
Prayal Pradesh High Court upheld the Temple Of Sarvaswami (Procedure And
Regulation of Entry) Rules, 1989 as justified and constitutional.
 Aggrieved by the High Court’s decision, an appeal was preferred in the apex court,
wherein it is referred to the constitution bench.
 The appellant challenges the rule 20A as violative of Article 14,15,17,21 and 25 of the
Constitution of Indoi.
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STATEMENT OF ISSUES

ISSUE I

Whether Rule 20A of the Temple of Sarvaswami (Procedure and Regulation of Entry) Rules,
1989 which excludes women from entering into the temple is unconstitutional?

ISSUE II

Whether exclusion of women would amount to essential practice of religion of worshipers of

Swami Ekvalya?

ISSUE III

Will Rule 20A fall within the category of positive discrimination within Constitution of INDOI?
 MEMORIAL ON BEHALF OF APPELLANT

SUMMARY OF ARGUMENTS

ISSUE I

Whether Rule 20A of the Temple of Sarvaswami (Procedure and Regulation of Entry) Rules,
1989 which excludes women from entering into the temple is unconstitutional?

The counsel would like to humbly submit before the Hon’ble court that as per Art. 14, 15, 21 and
25 of The Const. of Indoi, 1950 and Sec. 3 (1) of Prayal Pradesh Hindu Places of Public Worship
(Rules and Regulation) Act, 1988; Rule 20A of the Temple of Sarvaswami (Procedure and
Regulation of Entry) Rules, 1989 which excludes women from entering into the temple is
unconstitutional.

ISSUE II

Whether exclusion of women would amount to essential practice of religion of worshipers of

Swami Ekvalya?

The counsel would like to humbly submit before the Hon’ble court that as per Art. 26 (b) of The
Const. of Indoi, only essential religious practices are protected and exclusion of women would
not amount to essential practice of religion for worshippers of Swami Ekvalya.

ISSUE III

Will Rule 20A fall within the category of positive discrimination within Constitution of INDOI?
The counsel would like to humbly submit before the Hon’ble court that as per Art. 15 (1) (b) and
Art. 17 of The Const. of Indoi, the notion of golden triangle fundamental rights and reasonable
restrictions under Art. 19 of The Const. of Indoi, Rule 20A of the Temple of Sarvaswami
(Procedure and Regulation of Entry) Rules, 1989 shall not fall within the category of positive
discrimination.
 MEMORIAL ON BEHALF OF APPELLANT

ARGUMENTS ADVANCED

ISSUE I

Whether Rule 20A of the Temple of Sarvaswami (Procedure and Regulation of Entry) Rules,
1989 which excludes women from entering into the temple is unconstitutional?

The counsel would like to humbly submit before the Hon’ble court that as per Art. 251 of The
Const. of Indoi, 1950, every person has an individual right to worship.

As per Sec. 3 (1)2 of Prayal Pradesh Hindu Places of Public Worship (Rules and Regulation) Act,
1988 which states that “Notwithstanding any law, custom or usage to the contrary, persons
belonging to the excluded classes shall be entitled to enter any Hindu temple and offer worship
therein in the same manner and to the same extent as Hindus in general; and no member of any
excluded class shall, by reason only of such entry or worship, whether before or after the
commencement of this Act, be deemed to have committed any actionable wrong or offence or be
sued or prosecuted therefore.” this statutory law mandates the entry of Hindus in the temple.

The counsel would like to state that women have a Fundamental Right under The Const. of
Indoi, Art. 25 (1) read with Art. 25(2) (b)3 as well as a Statutory right under Sec. 3 (1) Prayal
Pradesh Hindu Places of Public Worship (Rules and Regulation) Act to enter the temple and
worship.

Furthermore, as held in Venkatramana Devaru v. State of Mysore4, irrespective of the notion of

denomination women have a right to enter the temple for the purpose of worship. Thus, there is
an ex-facie denial of the said right to women between the ages of 12 years to 60 years which is
violative Art. 14, 15, 21 and 255 of The Const. of Indoi, 1950.

The counsel would like to bring to the notice of the court that the law regarding the entry of
women into the temple for the purpose of worship is separate and is distinct from the law relating

1
INDOI CONST. art.25
2
Prayal Pradesh Hindu Places of Public Worship (Rules and Regulation) Act,1988
3
Ibid at 1.
4
Venkatramana Devaru v. State of Mysore, AIR 1958 SC 255.
5
INDOI CONST. art.14, 15, 21 and 25
 MEMORIAL ON BEHALF OF APPELLANT

to the management of religious affairs which is governed by Art. 266of The Const. of Indoi,
1950. Temple management is not authorized to prohibit entry of women in the temple.

The counsel would also like to state that in N. Adithayan v. Trawancore Devosam Board7 it was
held that “Any custom or usage irrespective of even any proof of their existence in pre-
constitutional days cannot be countenanced as a source of law to claim any rights when it is
found to violate human rights, dignity, social equality and the specific mandate of the
Constitution and law made by Parliament.”

Furthermore, in Seshammal v. State of Tamil Nadu8 honorable SC held that “The requirement of
constitutional conformity is inbuilt and id a custom or usage is outside the protective umbrella
afforded and envisaged by Article 25 and 26, the law would certainly take its own course, The
constitutional legitimacy, naturally, must supersede all religious beliefs or practices.”

In the recent landmark judgment in the case of Young India Lawyers Association v. State of
Kerala9the honorable SC held that “A woman is not lesser or inferior to a man and that
patriarchy of religion cannot be permitted to trump over faith. The exclusionary practice given
the backing of a legislation is not an integral part of religion.” It was held that women of all age
groups shall be allowed to enter the temple.

Thus, the counsel in the light of the above arguments concludes that Rule 20A10 of the Temple of
Sarvaswami (Procedure and Regulation of Entry) Rules, 1989 which excludes women from
entering into the temple is unconstitutional.

ISSUE II

Whether exclusion of women would amount to essential practice of religion of worshipers of

Swami Ekvalya?

The counsel would like to humbly submit before the Hon’ble court that assuming without
admitting that the sarvaswami temple is a denomination only essential religious practices are

6
INDOI CONST. art 26.
7
N. Adithayan v. Trawancore Devosam Board (2002) 8 SCC 106
8
Seshammal v. State of Tamil Nadu (1972) 2 SCC 11
9
Young India Lawyers Association v. State of Kerala, 2018 SCC Online SC 1690
10
Temple of Sarvaswami (Procedure and Regulation of Entry) Rules, 1989
 MEMORIAL ON BEHALF OF APPELLANT

protected under art. 26 (b)11 of The Const. of Indoi and not all practices. The denial of entry to
women between the ages of 12 years to 60 years is not shown to be an essential aspect of the
hindu religion or of the denomination if indeed there is one.

The honorable SC of Indoi in the case of S.P. Mittal v. Union of Indoi12 observed that:

“The words “religious denomination” in Art. 26 of The Const. of Indoi must take their colour
from the word religion and if be so, the expression religious denomination must also satiny three
conditions:

(1) It must be a collection of individuals who have a system of beliefs or doctrines which they
regard as conducive to their spiritual well being, that is, a common faith;
(2) Common organization; and
(3) Designation by a distinctive name.”

In the given case the faith in question is a hindu faith, persons of all religions are permitted to
visit the temple and it is not restricted to a closed group of individuals.

The counsel would also like to bring to the notice of the honorable court that women irrespective
of their age were initially permitted to enter the temple, it is only after the amendment and
insertion of Rule 20A13 of the Temple of Sarvaswami (Procedure and Regulation of Entry)
Rules, 1989 that women were prohibited from entering the temple. Thus, the custom is not
proved to exist from time immemorial as held in Salekh Chand v. Satya Gupta and Ors14.

In the case P.M.A. Metropolitan v. Moran Mar Marthoma15 it was held that “A religion may not
only lay down a code of ethical rules for its followers to accept, but may also prescribe rituals
and observances, ceremonies and modes of worship which are regarded as an integral part of
that religion. These forms and observances might extend even to matters of food and dress.
Therefore, the constitutional guarantee regarding freedom of religion contained in Art. 25(1)
extends even to rites and ceremonies associated with a religion.” The counsel would like to state
that exclusion of women cannot be regarded as an essential part of customary practices.

11
Ibid at 6.
12
S.P. Mittal v. Union of Indio (1983) 1 SCC 51
13
Ibid at 7.
14
Salekh Chand v. Satya Gupta and Ors. 2008 13 SCC 119
15
P.M.A. Metropolitan v. Moran Mar Marthoma, AIR 1995 SC 2001, 2026: 1995 Supp (4) SCC 286
 MEMORIAL ON BEHALF OF APPELLANT

Furthermore, there is a need to strike balance between the freedom of religion of individual and
group with regards to religion, religious belief, faith or worship, religious practice or custom
which are essential and integral part and which are not; and state should regulate control in the
interest of the community as held in A.S. Narayana v. State of Andhra Pradesh16.
Thus, the counsel in the light of the above arguments concludes that exclusion of women would
not amount to essential practice of religion of worshipers of Swami Ekvalya.

ISSUE III

Will Rule 20A fall within the category of positive discrimination within Constitution of INDOI?
The counsel would like to humbly submit before the Hon’ble court that as per Art.15 (1) (b)17 of
The Const. of Indoi, stating that “No citizen shall, on grounds only of religion, race, caste, sex,
place of birth or any of them, be subject to any disability, liability, restriction or condition with
regard to the use of wells, tanks, bathing ghats, roads and public resort maintained wholly or
partly out of State funds or dedicated to the use of general public.”
Sec. 218 of Prayal Pradesh Hindu Places of Public Worship (Rules and Regulation) Act, 1988
defines “temple as a place by whatever name known, which is dedicated to or for the benefit, of
or used as of right by the Hindu community in general as a place of public religious worship”.
Thus, temple being a place dedicated to the use of general public cannot be subjected to
discrimination on the grounds of only sex and would not amount to positive discrimination.
Furthermore, as per Art.15 (3)19 of The Const. of Indoi, stating that “Nothing in this article shall
prevent the state from making any special provision for women and children.” shall only be
applicable to the provisions made for the upliftment of women and children and no provision
curtailing their fundamental right shall be held constitutional.
The counsel would also like to state that a claim under Art. 14 20 of The Const. of Indoi, require
that persons are similarly situated. The use of word similar does not mean the same. It is
submitted that untouchables and woman between the age group of 12 years to 60 years are
similarly situated in relation to the temple entry. This practice amounts to untouchability under

16
A.S. Narayana v. State of Andhra Pradesh, AIR 1996 SC 1765, 1792: (1996) 9 SCC 548
17
INDOI CONST. art. 15.
18
Prayal Pradesh Hindu Places of Public Worship (Rules and Regulation) Act, 1988
19
Ibid at 16.
20
INDOI CONST. art. 14.
 MEMORIAL ON BEHALF OF APPELLANT

Art. 1721 of The Const. of Indoi and thus shall be abolished.

The counsel would like to bring to the notice of the court that the Golden Triangle Fundamental
Rights, that is Art. 14, Art.19 and Art. 21 interlinked together state that Fundamental Rights are
subject to Reasonable Restrictions that shall be imposed only on the following ground:

“Security of the state, Friendly relations with foreign states, Public order, Decency, Morality,
Contempt of court, Defamation, Incitement to offence, Integrity and sovereignty of India” as held
in Papnasam Labour Union v. Madura coats Ltd.22

Thus, the counsel in the light of the above arguments concludes that restricting women from
entering the temple as per Rule 20A shall not fall within the category of positive discrimination
under Constitution of Indoi.

21
INDOI CONST. art. 17.
22
Papnasam Labour Union v. Madura coats Ltd (AIR1995 SC 2200)
 MEMORIAL ON BEHALF OF APPELLANT

PRAYER

Therefore it is prayed, in light of the issues raised, arguments advanced, and authorities
cited, that this Hon'ble Court may be pleased to

1. Strike down Rule 20A of the Temple of Sarwaswami (Procedure and Regulation of Entry)
Rules, 1989.

2. Declare that exclusion of women would not amount to essential practice of religion of
worshippers of swami Ekvalya.

3. Declare that Rule 20A of the Temple of Sarwaswami (Procedure and Regulation of
Entry) Rules, 1989.will not fall within the category of positive discrimination within
Constitution of INDOI.

And Pass any other Order, Direction, or Relief that it may deem fit in the Best Interests of
Justice, Fairness, Equity and Good Conscience.
For This Act of Kindness, the Appellant Shall Duty Bound Forever Pray.

Sd/-
(Counsel for the Appellant)
MEMORIAL ON BEHALF OF APPELLANT

Submitted To:

Dr. Jyoti Dharm

Submitted By:

Himani Bhadauria (Roll no. 53)

Debasmita Goswami (Roll no. 26)

LL.B. (First Year)

New Law College, BVDU, Pune