10th
Grand Intra Moot Court Competition, 2016
Moot Proposition
WOMEN SHAKTI SANGH
v.
TEMPLE OF RAGABIBI
Temple
of Ragabibi was established in the 8th century in the state of
Mahatrib by the Hindu community of Deshnaf, who are now notified as a Schedule
Caste. There is a popular folklore surrounding the deity of the God Narsimha.
This folklore states that Narsimha, the king of Mahatrib, was blessed by Lord
Shiva, that he would have the power to grant wishes, but if he ever looked at a
woman, he would lose all his magical, wish granting powers.
Accordingly
tradition has developed to not allow women above the age of 9 into the temple.
This practice, of not allowing women in the temple has been carried on
uninterruptedly since the 8th century. However, pictures and
replicas of the deity are sold on the pavements outside the temple to everyone.
Women
Shakti Sangh (WSS) is an NGO made up of
women and trangenders rights activists, who want equality of status to all genders.
Their head office is at Tilkan, neighbouring state of Mahatrib. They noticed
this customary practice when it was reported in an article in a leading English
newspaper. They sent a team of researchers to find out the authenticity of this
report and discovered that the article was indeed true. Outraged by this
discriminatory practice, they got in touch with the local women and organised a
peaceful rally against this unfair tradition and demanded that the temple
authorities open the gate to everyone. They agitated for a week but the temple
authorities refused to open the gates of the temple to women and transgender.
Ultimately,
the NGO, WSS filed a PIL under Article 32 of the constitution, stating that
this was discriminatory and violated articles 14 and 15 of the Constitution of
India. The temple authorities have defended their position stating they have a
Fundamental Right to Religion.
Argue
the case for either side.
