·The Hindu·15 marks·250–350 words

Examine how orthodox religious authority intersects with the constitutional vision of women's participation in public life, citing recent Indian examples.

In this answer
  1. How orthodox authority asserts itself
  2. The constitutional counter-vision
  3. Persisting friction

Article 25 protects religious freedom only "subject to public order, morality and health" and to other Part III rights [1]. Orthodox religious authority therefore meets a constitutional order in which women's presence in public life is a guaranteed entitlement, not a concession granted by community custom.

How orthodox authority asserts itself

  • Regulating public visibility: in Kerala, an August 2026 circular of the Grand Mufti–led Sunni leadership advised organisers against bringing young women into public Milad-un-Nabi gatherings attended by unrelated men; the same leadership had earlier discouraged women's participation in street protests.
  • Claiming denominational autonomy: at Sabarimala, the exclusion of women aged 10–50 was defended as an essential practice protected by Article 26 [2].
  • Shielding personal law: instant triple talaq was long justified as religious practice until Parliament voided and criminalised it [3].

The constitutional counter-vision

  • Articles 14 and 15 bar sex-based discrimination, and Article 25(2) expressly saves State laws for social welfare and reform [1].
  • In Indian Young Lawyers Association v. State of Kerala (2018), the Court held exclusion based on physiological attributes violates women's dignity, and that constitutional morality prevails over customary morality [2].
  • The Muslim Women (Protection of Rights on Marriage) Act, 2019 demonstrates legislative reform of a practice claimed as religious [3].
  • Social reality is shifting: female labour force participation rose from 23.3% (2017-18) to 41.7% (2023-24) [4], widening women's public presence.

Persisting friction

  • The essential religious practices doctrine pushes courts into theological adjudication; Sabarimala review petitions remain pending.
  • Clerical circulars are not State action, so writ remedies rarely lie — compliance is secured by social pressure.
  • Reform imposed without intra-community dialogue risks backlash, and women's own choices, as in the hijab debate, cut both ways.

Orthodoxy and constitutionalism thus contest the same space: who authorises a woman's public presence. The durable answer lies in reform led from within communities, backed by education, political representation and firm judicial articulation of constitutional morality — so that Article 25 protects belief without becoming a licence to abridge the equality Articles 14 and 15 promise.

Sources

  1. 1The Constitution of India (Articles 14, 15, 25, 26), India Codetext and limitations of religious freedom; equality and non-discrimination guarantees
  2. 2Indian Young Lawyers Association v. State of Kerala (2018), Supreme Court of IndiaSabarimala exclusion of women aged 10–50; Article 26 denominational claim; constitutional morality
  3. 3The Muslim Women (Protection of Rights on Marriage) Act, 2019, India Codestatutory voiding and criminalisation of instant triple talaq
  4. 4Periodic Labour Force Survey Annual Report (July 2023–June 2024), PIB/MoSPIfemale LFPR rising from 23.3% to 41.7%

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