In a democracy, courts may defy public opinion, but on balance, courts are likely to go with popular sentiment.
Let’s face it. Our constitutional order was defeated in Sabarimala. The Indian state failed, despite trying, to implement a straightforward direction of the Supreme Court.
Let’s not look for easy scapegoats. Yes, the popular protest was orchestrated by Hindutva hardliners, brazenly backed by the Bharatiya Janata Party (BJP). Yes, the Congress played soft Hindutva, not for the first time. And yes, the ruling CPI(M) vacillated in the face of popular sentiment. But it is pointless to pour outrage at their doors.
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