WOMEN’S STRUGGLES THROUGH THE AGES:
From the chilling sounds of recently windowed women forced to sacrifice their lives to the crying for the help of early teenage girls compelled to marry against their will, women have been facing atrocities from an early age. Eons have passed by since humanity set foot on earth and made their own rules to survive, but the bias against women in general, even now after all these years, is quite astounding. From the ancient times, our society has been mostly patriarchal. From a nuclear family to a large community, men have taken control of things and declared themselves as the dominant gender through their diktat. Be it a social doctrine or a religious dogma, women’s treatment in these male-dominated inscriptions has been like a secondary citizen. Women have to encounter huge restrictions while making decisions about their lives. They face disparity in their cultural life, professional life as well as in their personal lives. This bias against women is not limited to any particular country or culture. Almost every culture in the world has a separate set of rules for its women population, whether scripted or unscripted. On the theological front, the unapologetic attitude of the chauvinistic Religious Leaders towards women has flabbergasted many historians and social reformers. Some decrees declared by the so-called religious leaders have been so absurd that people still fathom the mere existence of such rulings.
INTRODUCTION:
History has been a trusted advocate of women when it comes to providing evidence of prejudices against womankind. The struggles of women have been on different front, but in this paper, we’ll focus on how their treatment has been in terms of carrying out their spiritual practices. Historically we have seen many instances in which women have been denied or banned altogether from entering religious places. Priests have cited religious customs and rituals while debarring female worshippers. One of such rituals is that the Hindu women are not allowed in temples during their menstruation. Menstruating women are considered impious. So, their entry may damage the sanctity of the holy place. Scientifically it is known that the actual cause of menstruation is ovulation followed by missed chance of pregnancy that results in bleeding from the endometrial vessels and is followed by preparation of the next cycle. Therefore, there seems to be no reason for this notion to persist that menstruating women are “impure.”1 On the other side, Muslim women are not allowed to enter in the Mosque due to gender roles and expectations that emphasize domestic responsibilities and family duties. Although, it has been confirmed that founder of Islam Prophet Muhammad has emphasized not to forbid women from entering his mosque in Medina. In fact, he told Muslims “Not to prevent their women from going to mosque when they ask for permission”. 2
1 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4408698/– Last Visited January 07, 2025
2 The Messenger of God said, “Do not prevent the maid-servants of God from going to the mosque.”— Muslim, No.888 (See also Nos. 884-891 and Bukhari Vol.1, Nos. 824, 832)- https://en.wikipedia.org/wiki/Islam_and_gender_segregation#:~:text=Muhammad%20did%20not% 20forbid%20women,when%20they%20ask%20for%20permission%22)– Last Visited January 07, 2025
In the holy Quran and other holy books of Islam also no such evidence has been found to disallow Muslim women in the Mosques. Still, it is being practiced in most of the Muslim countries.
In the Indian subcontinent, most of such insane doctrines have been being practised without any resistance for ages. However, especially from the end of the last century, women are elevating their fight against such dogma. Protests are being staged; petitions are being filed to proclaim what fundamentally belong to them. In this paper, we’ll explore this inspiring journey of women and understand what social and cultural changes have been done, what legal alterations have been made and what changes are still needed to be done to achieve complete religious liberty.
CULTURAL AND SOCIAL BARRIERS TO RELIGIOUS INCLUSION:
Many Hindu and Muslim societies are still patriarchal in nature, where men hold power and dominance over women. In Hinduism and Islam women have to follow the guidelines which the Muslim and Hindu leaders who are predominantly male have construed for them. In cultural ways women and men have their own roles & responsibilities but, in some ways, women are not allowed to fulfil theirs. In Hinduism when it comes to performing religious rituals and customs, male priests are the ones who take charge. Women on the other hand plays a role of spectators. They are seen more as a homely figure taking care of the mundane household works. In an attempt to reinforce women’s domestic role, V Vasudevan, a Vedic expert and Sanskrit teacher at a Chennai school said, “In Vedas, women are called Grihini which means the one who takes care of the household works. So, they cannot become priests”3. In other words, women are made for the household chores, so they have to maintain the house. In other religious customs too, women have played a secondary role when it comes to clerical works. In many cultures women were not even allowed to enter into the places of worships especially when they were menstruating. Even in recent times we have seen many events such as the one in Ghana where schoolgirls were not allowed to cross a river while on their periods. The ban was purportedly issued by a local river god.4
LEGAL CHALLENGES AND MILESTONES:
In India, for example, the Sabarimala Temple in the southern state of Kerala had a long- standing tradition of prohibiting women of menstruating age from entering the temple. However, in 2018, the Indian Supreme Court struck down this ban, stating that it violated the fundamental rights of women5. In the much talked about supreme court judgement, the CJI declared, “Restrictions put by Sabarimala temple can’t be held as essential religious practice,
3 https://www.thequint.com/news/politics/tamil-nadu-government-is-right-to-employ-women-priests-a-tamil- priestess-kalaiarasi-natarajan says#:~:text=In%20an%20attempt%20to%20reinforce,%22Also%2C%20they%20are%20weak– Last Visited January 07, 2025
4 https://www.reuters.com/article/us-ghana-girls-menstruation-idUSKBN1F12BT- Last Visited January 07, 2025
5 https://indianexpress.com/article/india/sabarimala-verdict-live-updates-supreme-court-women-temples-
kerala-5377598/– Last Visited January 07, 2025
no physiological and biological factor can be given legitimacy if it does not pass the test of conditionality.” He brought the age-old practice of patriarchy saying – ““Patriarchy in religion cannot be permitted to trump over elements of pure devotion borne out of faith and the freedom to practise and profess one’s religion.” The decision was met with protests from some Hindu groups, and the issue remains contentious.
This verdict has also inspired Muslim women to seek justice when it comes allowing them to pray inside the mosque. NISA – a forum of Muslim women in the Indian state of Kerala decided to approach Supreme Court seeking permission to pray inside mosques across India6.
In 2016, Bombay High Court asked the Maharashtra government to ensure that women should not be denied entry into the Shani Singapura temple’s inner sanctum, putting an end to a 400-year-old custom. The ruling came in after a group of 500 women led by activist Trupti Desai marched to the temple demanding entry into the inner sanctum. In the same year, Bombay High Court overturned a ban imposed by the Haji Ali Shrine’s Trust on women to enter the Shrine’s inner sanctum. In some other countries, such as Saudi Arabia, there are strict gender segregation policies in mosques, and women are often relegated to separate prayer areas. However, it is not necessarily a ban on women entering mosques altogether. Overall, the legal landscape regarding the ban on Muslim women in mosques and Hindu women in temples is complex and varies depending on the specific country and context. We have seen a significant increase in number of legal cases from the end of twentieth century particularly in the Indian subcontinent as the infusion of new age feminism giving voices to women to demand social justice.
REFORMS AND PROGRESSIVE MEASURES: A STEP FORWARD :
There have been some progressive measures and reforms aimed at challenging discriminatory practices and promoting greater inclusivity when it comes to expressing spirituality. In India, for example, the Supreme Court’s 2018 decision striking down the ban on women of menstruating age from entering the Sabarimala Temple was seen as a major victory for women’s rights and gender equality. The decision was based on the constitutional guarantee of equal rights and non-discrimination. The decision was indeed a revolutionary one, allowing women from other religions also to come forward and raise their stakes on getting hold onto something which is their fundamental right.
In some other countries, such as Malaysia, there have been efforts to promote greater gender inclusivity in mosques, such as by creating designated areas for women’s prayer and providing more opportunities for women to participate in religious leadership roles. Questions have been raised against the origins of bans on women in religious places. Have the forefathers of religions set up these rules themselves by inscribing such doctrines through the holy books? Or is it something that’s coming from the male dominated clerical groups who later on brought these customs? In his book Women in Masjid: A Quest for Justice journalist Ziya Us Salam pointed out the Quran doesn’t discriminate against women. Mosques have been reduced to a
6 https://www.ummid.com/news/2018/October/10.10.2018/kerala-muslim-women-seeks-sc-intervention-for-
permission-to-pray-in-mosques.html– Last Visited January 07, 2025
male monopoly. It stems both from lack of understanding of Islamic principles and well- entrenched patriarchal forces7.
In 2012, a ban was put on place on women to enter into the holy shrine of Haji Ali in Mumbai, invoking the Sharia Law. However, after a wave of protests the Haji Ali Dargah Trust interjected that the ban did not restrict the women to visit the shrine but to enter into the inner sanctum. Later on, the Bharatiya Muslim Mahila Andolan (BMMA) filed a petition in the Bombay High Court in 2014 after their discussions with the Trustee of the holy Shrine didn’t come into fruition. In 2016, Bombay High Court allowed women equal access to the Haji Ali Dargah in a distinctive victory for the Indian Muslim women.
In India, Constitution and Judiciary have played a significant role when it comes to providing the women an equal opportunity to exercise their fundamental rights in expressing religious freedom. Article 25(2)(b) of the Constitution of India clarifies that temple entry laws are not tantamount to restriction of individual’s right to religion under Article 25(1). Although, one can question how a matter of someone’s faith needs to be resolved through petitions and lengthy court cases. While Article 14 and Article 25 of the constitution emphasise on the fact that, no individual should be denied to express their religious freedom, the Religious groups and Trusts have used Article 26 to implement their own ruling and forbidding women to practice their faith. However, after decades of debates and controversies, reforms are taking place.
CONCLUSION: TOWARDS A WORLD OF EQUAL FAITH:
In 1962, Natalie Clifford Barney (1876-1972), a French American author, wrote – “We know all their gods; they ignore ours. What they call our sins are our gods, and what they call their gods, we name otherwise.” This highlights how the Religious top dogs view women from the old times. They have put the significance of womankind in religious practice in the back burner and craved for more power for themselves. They didn’t want their authority to be threatened by their opposite gender and to achieve that they have gone to extreme extent to subdue women’s voice. They have altered the perceptions of the Holy books and made sure that women don’t get a sniff in taking control of the religious activities. However, with time, most of the people have realised these so-called leaders’ wrongdoings. People are now raising their voices and supporting women in their quest. People referring to the Constitution – the purest book there’s to deny the imprudent logic behind all these rulings. A lot of progress has been made in achieving complete freedom, but there is still a lot way to go. Judiciary and Constitution shouldn’t be the voices of reason here. Human in general needs to change their perception. No civilised population should allow such pronouncement at the first place. The quest should continue till each and every individual comes into the sagacity of women’s right in religious practice.
SYEDA GULSONARA BEGAM
Legal Associate, Legal Force RAPC
7 https://timesofindia.indiatimes.com/blogs/jibber-jabber/quran-doesnt-discriminate-against- women-indian-mosques-are-a-male-monopoly-from-lack-of-understanding-and-patriarchy/- Last Visited January 07, 2025