In the present times, there is a lot of controversy with regards to the religious rights of women, with special reference to the Sabarimala temple case. As should happen with every controversy, this issue needs to be talked about and discussed in detail in order to formulate a holistic policy on the same, which is beneficial to every stakeholder.
In order to hold successful deliberations on the issue of women’s religious rights, there is a need to focus on numerous aspects apart from the right to enter places of worship and entering temples during the period of menstruation. Since India is indeed a country of diverse religions, the rights thereby originating from these religions are also diverse and manifold. A very important area of focus relates to inheritance and succession rights since they are closely intertwined with religion. The nature of religious freedom that women enjoy, not only on paper but also in practice also needs to be considered. This includes the right to follow, convert as well as not to follow a particular religion. Hence, the laws in relation to conversion also need to be referred for this discussion.
Another very important area that requires focus is exploring women’s right of religion with relation to marriage. While some religious rules prohibit women to practice a different religion than that of the husband, others rules necessitate the conversion of women to the religion of that of the husband in order to hold a successful marriage. This in turn raises a question about the religious identity of a woman in a marriage and the level of independence that she has to choose and practice her choice of customs and celebrations as different from her husband. Interestingly, conversion of a spouse to another religion is also a valid ground for divorce in many cases and what happens is that the woman is left with little or no maintenance just because she chose to follow a different religion or not to practice the religion followed by her husband in the case. Another interesting but disturbing element is that according to certain laws, the religion of a child is always assumed to be of his/her father and not of the mother. Therefore, such aspects are reflective of the patriarchal nature of the institution of religious marriage in India and how it favours the husband over the wife.
Furthermore, there is also a need to focus on the balance between religious rules as well as decisions taken by religious councils and laws and regulations that are not necessarily backed by religion but are nevertheless good for society and good for the cause of promoting religious rights of women. Hence, this involves the much dreaded question of moving forward and distinct from strict religious interpretations of religious rights for the empowerment and advancement of women.
In conclusion, in order to materialize the aforementioned discussion, politicians and other organisations need to build a base for tolerance in the nation and they need to figure out how to do that. There is also a need to eliminate the causes and practices which hinder the religious freedom of women in the country, so that we can truly achieve gender equality in the sphere of religion. Also, as it has repeatedly been suggested by courts, tribunals and law commissions along with the international community itself, the nation also needs to work on the integration and promotion of uniformity in religious laws for the benefit of women and children.
In future, the true ideals of women’s religious rights and freedoms can only be achieved if political parties and leaders come together with other organisations and institutions working for the advancement of women’s rights in order to reach a consensus for the benefit of all women who are the stakeholders in this case.
Humans for Change 