Comprehension
Our society is governed by the Constitution. The values of constitutional morality are a non-derogable entitlement. Notions of “purity and pollution”, which stigmatise individuals, can have no place in a constitutional regime. Regarding menstruation as polluting or impure, and worse still, imposing exclusionary disabilities on the basis of menstrual status, is against the dignity of women which is guaranteed by the Constitution. Practices which legitimise menstrual taboos, due to notions of “purity and pollution”, limit the ability of menstruating women to attain the freedom of movement, the right to education and the right of entry to places of worship and, eventually, their access to the public sphere. Women have a right to control their own bodies. The menstrual status of a woman is an attribute of her privacy and person. Women have a constitutional entitlement that their biological processes must be free from social and religious practices, which enforce segregation and exclusion. These practices result in humiliation and a violation of dignity. Article 17 prohibits the practice of “untouchability”, which is based on notions of purity and impurity, “in any form”. Article 17 certainly applies to untouchability practices in relation to lower castes, but it will also apply to the systemic humiliation, exclusion and subjugation faced by women. Prejudice against women based on notions of impurity and pollution associated with menstruation is a symbol of exclusion. The social exclusion of women, based on menstrual status, is but a form of untouchability which is an anathema to constitutional values. As an expression of the anti-exclusion principle, Article 17 cannot be read to exclude women against whom social exclusion of the worst kind has been practised and legitimised on notions of purity and pollution. Article 17 cannot be read in a restricted manner. But even if Article 17 were to be read to reflect a particular form of untouchability, that Article will not exhaust the guarantee against other forms of social exclusion. The guarantee against social exclusion would emanate from other provisions of Part III, including Articles 15(2) and 21. Exclusion of women between the age group of ten and fifty, based on their menstrual status, from entering the temple in Sabarimala can have no place in a constitutional order founded on liberty and dignity.
[Extracted from Indian Young Lawyers Association v. State of Kerala, (2019) 11 SCC 1 (hereafter IYLA)]
[Extracted from Indian Young Lawyers Association v. State of Kerala, (2019) 11 SCC 1 (hereafter IYLA)]
Question: 1
In IYLA, the Supreme Court held that the worshippers of Lord Ayyappa:
In IYLA, the Supreme Court held that the worshippers of Lord Ayyappa:
Updated On: Jul 19, 2024
- are not a religious denomination because they have not registered themselves as such
- are not a religious denomination because they do not have a distinct name, a common set of beliefs, and a common organisational structure
- are a religious denomination because they have been recognised as such by the state
- are a religious denomination because they have consistently been treated as such by themselves as well as by society in general
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The Correct Option is B
Solution and Explanation
The correct option is (B): are not a religious denomination because they do not have a distinct name, a common set of beliefs, and a common organisational structure.
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Question: 2
The Supreme Court determined whether a religious practice falls within Article 25 using the:
The Supreme Court determined whether a religious practice falls within Article 25 using the:
Updated On: Jul 11, 2024
- Essential Religious Practice Test
- Sincerity of Belief Test
- Proportionality Test
- Constitutional Morality Test
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The Correct Option is A
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The correct option is (A): Essential Religious Practice Test.
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Question: 3
Parliament gave effect to Article 17 by enacting:
Parliament gave effect to Article 17 by enacting:
Updated On: Jul 11, 2024
- The Abolition of Untouchability Act, 1951
- The Protection of Civil Rights Act, 1955
- The Constitutional Offences Act, 1951
- The Untouchability Offences (Prohibition, Protection, and Remedies) Act, 1950
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The Correct Option is B
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The correct option is (B): The Protection of Civil Rights Act, 1955.
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Question: 4
Justice D.Y. Chandrachud’s reliance on Constituent Assembly Debates to determine the scope of Article 17 is best explained by this method of constitutional interpretation:
Justice D.Y. Chandrachud’s reliance on Constituent Assembly Debates to determine the scope of Article 17 is best explained by this method of constitutional interpretation:
Updated On: Jul 11, 2024
- Living Constitutionalism
- Originalism
- Structuralism
- Textualism
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The Correct Option is B
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The correct option is (B): Originalism.
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Question: 5
In IYLA, Justice D.Y. Chandrachud held that Article 17 has:
In IYLA, Justice D.Y. Chandrachud held that Article 17 has:
Updated On: Jul 11, 2024
- Vertical application
- Horizontal application
- Indirect horizontal application
- None of the above
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The Correct Option is B
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The correct option is (B): Horizontal application.
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Question: 6
In the review petition against this judgment, the Supreme Court has framed which of the following questions for determination by a 9-judge bench?
In the review petition against this judgment, the Supreme Court has framed which of the following questions for determination by a 9-judge bench?
Updated On: Jul 11, 2024
- Scope of “public order, morality and health” in Article 25(1)
- Scope of expression “section of Hindus” in Article 25(2)(b)
- Scope of “judicial recognition” to PILs filed by people not belonging to a religious denomination to contest a religious practice
- All the above
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The Correct Option is D
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The correct option is (D): All the above.
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Question: 7
Which judge on the bench in IYLA disagreed with Justice Chandrachud on the application of Article 17?
Which judge on the bench in IYLA disagreed with Justice Chandrachud on the application of Article 17?
Updated On: Jul 19, 2024
- Justice R.F. Nariman
- Justice Dipak Misra
- Justice Indu Malhotra
- None of the above
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The Correct Option is C
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The correct option is (C): Justice Indu Malhotra.
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Question: 8
In reaching his conclusion on the scope of Article 17, Justice D.Y. Chandrachud cited which of the following works of Dr. B.R. Ambedkar?
In reaching his conclusion on the scope of Article 17, Justice D.Y. Chandrachud cited which of the following works of Dr. B.R. Ambedkar?
Updated On: Jul 11, 2024
- Coming out as Dalit
- Goolami
- Annihilation of Caste
- All the above
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The Correct Option is C
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The correct option is (C: Annihilation of Caste.
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Question: 9
In the passage above, what does the term “non-derogable” mean?
In the passage above, what does the term “non-derogable” mean?
Updated On: Jul 11, 2024
- Cannot be extracted under any circumstances
- Cannot be precisely determined
- Cannot be infringed under any circumstances
- None of the above
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The Correct Option is C
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The correct option is (C): Cannot be infringed under any circumstances.
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Question: 10
The petition filed by the Indian Young Lawyers Association in this case was a:
The petition filed by the Indian Young Lawyers Association in this case was a:
Updated On: Jul 11, 2024
- Special Leave Petition from the decision of the Kerala High Court
- Public Interest Litigation
- Writ Appeal from a petition filed under Article 226
- None of the above
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The Correct Option is B
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The correct option is (B): Public Interest Litigation.
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