Solicitor General Tushar Mehta Defends India’s Non‑Patriarchal Stance in Sabarimala Supreme Court Reference

Key Insight

Supreme Court’s Sabarimala debate pits religious freedom against gender equality – a UPSC hot‑topic

Key Facts

1. Solicitor General Tushar Mehta appeared before a nine‑judge Constitution Bench on the Sabarimala reference (KANTARU RAJEEVARU v. INDIAN YOUNG LAWYERS ASSOCIATION).
2. Mehta argued that India cannot be labelled ‘patriarchal’ in the Western sense and warned against extending untouchability doctrine to gender‑based temple entry restrictions.
3. He cited Article 25 (freedom of religion) and Article 26 (right of religious denominations) as intended for communal harmony post‑Partition, not gender equality.
4. Mehta contended that gender discrimination is already covered under Articles 14 (equality before law) and 15 (prohibition of discrimination), not Article 25.
5. Reference to women members of the Constituent Assembly – Rajkumari Amrit Kaur and Dr. Hansa Mehta – as “founding Mothers” of the Constitution.
6. Justice Nagarathna (Justice N. V. Ramana’s bench) urged recognition of women legislators as “Founding Mothers of the Constitution”.
7. The core issue: whether gender‑based restriction at Sabarimala temple falls within the ambit of untouchability prohibited by Article 17.

Background

The Sabarimala reference tests the limits of constitutional interpretation on religious freedom versus gender equality, a key theme in GS‑2 (Polity) and GS‑1 (Societal diversity). It also highlights the historical role of women in framing the Constitution, linking to GS‑1 history and GS‑4 ethics on social justice.

UPSC Syllabus

• Essay — Society, Gender and Social Justice
• Essay — Philosophy, Ethics and Human Values
• Prelims_GS — Constitution and Political System
• GS1 — Salient features of Indian Society and Diversity of India
• GS1 — Social Empowerment, Communalism, Regionalism and Secularism
• GS2 — Executive and Judiciary - structure, organization and functioning
• GS2 — Constitutional posts, bodies and their powers and functions
• GS2 — Historical underpinnings, evolution, features, amendments, significant provisions and basic structure