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Controversies

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Sabarimala Temple Case

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Sabarimala is a Hindu Pilgrimage centre located at the Periyar Tiger Reserve in Pathanamthitta District of Kerala. In 1991, the Kerala High Court banned the entry of women between the age of 10-50.[1] Justice K Paripoornan and Justice K Balanarayana Marar stated that such ban was in accordance with usage from time immemorial. The Supreme Court accepted a petition to review the High Court Judgement on the grounds of possible violation of Article 15. In October 2017, the Supreme Court referred the case to the constitution bench.

Enforceability

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In December 2009, the Supreme Court in its judgement in Dr. Gulshan Prakash vs State of Haryana stated that Article 15(4) and Article 16(4) are merely enabling provisions, and therefore, the State can use its discretion not to enforce them.[2]

  1. ^ "S. Mahendran vs The Secretary, Travancore ... on 5 April, 1991". indiankanoon.org. Retrieved 2018-04-20.
  2. ^ V.Venkatesan (2009-12-03). "Is Article 15(4) an enforceable right? | Law and Other Things". Law and Other Things. Retrieved 2018-04-20.