36th All India Inter- University Moot Court Competition 2020

BAR COUNCIL OF INDIA

MOOT PROBLEM

Disclaimer: The facts stated in the present case are fictitious and have been drafted solely

for the purposes of the competition. The facts, names, locations and dates bear no

resemblance to any person, event or happening whether dead or alive. Any resemblance, if

any found is purely co-incidental.

1. Recently, in the month of December 2019, two women devotees of Lord Gayappa

went to Garimala temple but they were prohibited from entering the premises due to

customary practice of not permitting women of menstrual age (falling between 12

years to 45 years).

2. They challenged such restriction as being unreasonable and violative of their

Fundamental Right to equality under Article 14 and right to practice and profess

religion under Article 25. Although, there are other Gayappa temples in the State

which permit women devotees of all age groups to visit but this temple is dedicated to

the celibate deity of Manishakha, an avatar of Gayappa. The devotees take this

annual pilgrimage with a fast or austerity for a period of 29 days for purification of

mind and soul.

3. The devotees are required to follow conditions such as abstinence from all things that

are materialistic or offer worldly pleasures, keeping any kind of relation or

communication with females including female family members and have to lead a

modest and non-violent way of life. The exclusion of (a class of) women from the

Garimala Temple was justified by the State and Garimala Shrine Board on the basis

of ancient custom, which was sanctioned by Rule 3(b), Garimala Places of Worship

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 36th All India Inter- University Moot Court Competition 2020
BAR COUNCIL OF INDIA

(Authorisation of Entry Act), 1961. Section 3 of the Act required that places of public

worship be open to all sections and classes of Hindus, subject to special rules for

religious denominations. Rule 3(b), however, provided for the exclusion of “women

at such time during which they are not by custom and usage allowed to enter a place

of public worship.”

4. The Supreme Court of India has decided to hear all the above petitions, which raise

substantial question of law as to interpretation of the provisions of the Constitution of

India together since the issues arising in these pending cases would appear to be

overlapping. A Bench of nine Judges, constituted for the same, has framed the

following questions for adjudication:

i. What is the inter-relationship between the freedom of religion under Articles

25 and 26 of the Constitution and other provisions in Part III, particularly

Article 14, 15 and 17?

ii. What is the scope of expression ‘public order, morality and health’ occurring

in Article 25(1) of the Constitution?

iii. What is the ambit of the expression ‘morality’ or ‘constitutional morality’ in

the absence of their definition in the Constitution? Is it over-arching morality

in reference to the Preamble or limited to religious beliefs or faith? Is there

any need to delineate the contours of that expression, lest it becomes

subjective?

iv. What is the extent to which the Court can enquire into as to whether a

particular practice is an integral part of the religion or religious practice of a

particular religious denomination? Are there any judicially manageable

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 36th All India Inter- University Moot Court Competition 2020
BAR COUNCIL OF INDIA

standards for such an exercise? Alternatively, should that be left exclusively

to be determined by the head of the section of the religious group?

v. What is the meaning of the expression ‘sections of Hindus’ appearing in

Article 25(2) (b) of the Constitution?

vi. Are the “essential religious practices” of a religious denomination, or even a

section thereof afforded constitutional protection under Article 26?

vii. What would be the permissible extent of judicial recognition to Public

Interest Litigation in matters calling into question religious practices of a

denomination or a section thereof at the instance of persons who do not

belong to such religious denomination?

Keeping in mind all the aforementioned points and any other relevant points, prepare the

arguments from both the sides. TEAMS ARE ALLOWED TO FRAME THEIR OWN

ISSUES ON THE BASIS OF THE MOOT PROBLEM.