The Latest: Top stories of the day
1. In Assam's Tinsukia district on Monday, 11 protestors died as a live wire fell on them during police firing.
2. Assam and West Bengal recorded a high voter turnout of 82.21% and 79.51%, respectively, in the second phase of polls.
3. The police find three cars packed with explosives near Puttingal Temple in Kerala, where a fire broke out on Sunday morning, killing at least 109 people.
The Big Story: Trick question
On Monday, the Supreme Court asked the temple authorities at Sabarimala, where women are not allowed to enter, whether traditions were above constitutional rights. According to a custom that dates back at least 50 years, women between the age of 10 and 50 cannot enter the shrine. The idea is to keep "impure" menstruating women out of the sanctum sanctorum. Back in January, the court had questioned the tradition itself, asking whether it had existed 1,500 years ago. More than once, the Supreme Court has said that such gender discrimination is unacceptable.
Much of the opposition to the ban on women in certain temples resides in the belief that these are not the true traditions of Hinduism, that they stem from later, more corrupted forms of organised religion. But in its latest pronouncements, the court seems to touch upon a more fundamental question: are divine diktats insulated from temporal laws? Can the immutable logic of tradition be subject to the laws of the state?
Not long ago, Tahir Mahmood argued against the contention that the Supreme Court could not "test the validity of Muslim personal law on the touchstone of fundamental rights" since these were not "State-made" laws. Oh but it could, Mahmood argued, since even uncodified personal laws were in force because they were recognised by state legislation. In the case of Sabarimala, curbs on women are recognised under the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1956. It has been challenged earlier by a public interest litigation that called it a violation of the right to equality and to freedom of religion.
Recent court judgments have pushed for gender equality in places of religious worship, in tune with popular campaigns against curbs on women. Earlier this month, the Shani Shingnapur temple broke with a 400-year-old tradition and opened its doors to women. With any luck, the winds of change will throw open the doors of the Sabarimala temple as well.
The Big Scroll: Scroll.in on the day's big story
Anu Kumar explores the tradition of banning women from temples.
TK Devasia speaks of #HappyToBleed and other campaigns to get women into Sabarimala.
Politicking and policying
1. The Calcutta High Court has set up a three-member committee to keep material collected in the Narada News sting operation in "safe custody".
2. According to the Times of India, the Centre has approved an elaborate five-layer plan to lock down the western frontier and prevent infiltration.
3. The Supreme Court scraps its 2013 judgment, where a single common entrance test for medical courses was declared unconstitutional.
Punditry
1. In the Hindu, Smita Gupta examines the decline of the Congress.
2. In the Telegraph, Ashok V Desai recommends a presidential system for India, so that candidates keep the promises they make, especially on taxes.
3. In the Business Standard, Shreekanth Sambrani has suggestions for coping with the water wars.
Don't Miss...
Rhema Mukti Baxter on how the world can double its tiger population by 2022:
Three main reasons stood out for the troubling decline of the big cats: poaching, loss of prey species and habitat loss due to human encroachment. The study also refers to large roads as “mortality magnets for tigers”.
But the satellite images and big data prove that the tigers can potentially recover from the edge of extinction if the authorities made the right forest management choices. All they need is better protection. Tracking their movements and mating habits along with timely action can bring about a 100% increase in the population.
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