BLEEDING BOUNDARIES : RELIGION , RIGHTS AND RESTRICTIONS

AUTHOR – SPRUHA PATIL, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – SPRUHA PATIL, BLEEDING BOUNDARIES : RELIGION , RIGHTS AND RESTRICTIONS, AND REMEDIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 217-223, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).

ABSTRACT

The article “Bleeding Boundaries: Religion, Rights & Restrictions” examines the constitutional legality and socio-legal consequences of limiting the access of menstruating women to places of worship in India. The study uses an empirical method to evaluate public opinion and lived experiences connected to this topic by surveying people aged 15 to 50 from various socio-economic, religious, and educational backgrounds. The research explores the intersection of traditional beliefs, cultural norms, and religious interpretations with the basic rights guaranteed by the Indian Constitution, especially those found in Articles 14, 15, 21, and 25.

This study’s main goal is to determine whether the prohibition on temple entry during menstruation constitutes a type of gender-based discrimination that infringes upon the rights to equality, dignity, and religious freedom. The empirical data gathered shows significant differences in opinion based on generation and gender. Older respondents and some religious groups see the restriction as a question of faith and purity, but younger respondents and women largely see it as discriminatory and antiquated.

This article examines the legal conflict between individual rights and collective religious practices through doctrinal analysis and case studies, such as important judicial precedents like Indian Young Lawyers Association v. State of Kerala. The study also emphasizes the social repercussions of this exclusion, such as internalized shame, secrecy surrounding menstruation, and the marginalization of women in religious environments.

The paper concludes by advocating a constitutional reading that weighs religious freedom against the changing norms of human dignity, gender justice, and bodily autonomy. It demands legislative changes, education initiatives, and inclusive policy actions that support the rights of all people to equal involvement in religious life and confront menstrual taboos. The paper aims to provide a grounded and nuanced viewpoint to the continuing discussion on gender, religion, and the Constitution by combining empirical evidence with legal reasoning.