Can't deny entry into temple on basis of caste, says HC
Madras high court
has ordered legal action against anyone who prevents others' entry into a temple based on caste.
Justice N Anand Venkatesh, passing orders on a plea that flagged prevention of people from Scheduled Castes into Ayyanar temple in Pudukudi village, Udayarpalayam taluk, Ariyalur, said: "Caste and community are the creations of human beings and god is always considered to be neutral. That apart, preventing persons from offering prayers on the basis that they belong to scheduled caste communities, is an affront to the dignity of persons who are discriminated against based on their caste.
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"If a temple is permitted to be visited by the public, it assumes the character of a public temple. In such an event, irrespective of the caste or community of the devotees, they must be permitted to offer their prayers to god," said the judge.
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This can never be permitted in a country, which is governed by the rule of law. That apart, Section 3 of the Tamil Nadu Temple Entry Authorisation Act, 1947, makes it abundantly clear that notwithstanding any law, custom or usage to the contrary, every Hindu irrespective of the caste or sect to which he belongs to, shall be entitled to enter any Hindu temple and offer worship therein, Justice Anand Venkatesh said.
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If they are restricted entry, it will amount to an actionable wrong and the person concerned can be sued or prosecuted there for. This act came into force after a long struggle by many leaders, who wanted to ensure that persons are not prevented from entering the temples based on their caste, he said.
The judge added that the Act was brought into force as a policy taken by the Tamil Nadu govt to remove the disabilities imposed on certain classes of Hindus against entry into Hindu temples in the state.
The issue pertains to a plea moved by Venkatesan. He submitted that recently idols installed by people belonging to the scheduled caste at Ayyanar temple located in Pudukudi village, Udayarpalayam taluk, Ariyalur were vandalised by a certain group of dominant caste members.
He further alleged that members of the scheduled castes were only being allowed to view the deity from behind a large iron gate installed in the temple.
Therefore, he wanted the court to direct the authorities to allow members belonging to scheduled castes to enter the temple and worship the deity and to permit them to participate in the temple car festival scheduled from July 16 to 31.
Recording the submissions, Justice Anand Venkatesh said, "…there shall be a direction to the district SP and RDO to ensure that all classes of Hindus are permitted to enter the temple and participate in the festival."
If anyone prevents them from participating, action shall be taken in accordance with law. It shall be ensured that no law and order problem is created, the court concluded.
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