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News18
15-05-2025
- Politics
- News18
Caste Has No Place Before God: Madras HC Slams Denial Of Temple Donations Based On Caste
Last Updated: The Madras High Court recently observed that denying individuals from Scheduled Castes the right to make religious donations in temples amounts to untouchability The Madras High Court recently observed that denying individuals from Scheduled Castes the right to make religious donations in temples amounts to untouchability and is a violation of Article 17 of the Constitution. 'Already, this Court has held that caste cannot be a criterion in front of God," the Court said. The Court was hearing a petition filed by one Ela Pandiyarajan, who approached it alleging that people from Scheduled Caste communities were being denied the opportunity to serve as Ubayadharar —a donor or sponsor of temple rituals—at the Arulmigu Kamatchi Amman Udanurai Thirunageswarar Temple in Kundrathur. The Bench of Justice D. Bharatha Chakravarthy, tabling the judgment on 29 April 2025, observed that such exclusion based on caste was nothing short of a modern-day manifestation of untouchability. 'In this country, untouchability is practised in various ways. Not accepting the donation of a person perceived to be an inferior human being is another form," the Court said. The judge referred to his earlier decision in W.P. No. 3838 of 2025, where he had ruled that caste cannot be used as a basis for claiming exclusive rights over temple administration or participation. Reiterating that the soul has no caste, sex, or imperfection, the judge quoted both Swami Vivekananda and Dr B.R. Ambedkar to emphasise the urgent need to eliminate caste-based discrimination from religious life. 'Caste is a social evil. A casteless society is our constitutional goal," Justice Chakravarthy reiterated, stressing that any act or policy that perpetuates caste is not only unconstitutional but also contrary to public policy. Taking note of the petitioner's representation dated 22 April 2025, the Court directed the Hindu Religious and Charitable Endowments (HR&CE) Department to consider it and pass appropriate orders within three weeks. The orders, the Court clarified, may be passed with reference to the particular temple and need not be limited to the ensuing festival alone. First Published: May 15, 2025, 20:12 IST
The Hindu
12-05-2025
- Politics
- The Hindu
Untouchability is being practised in the country in myriad ways, says Madras High Court
Observing that untouchability is being practised in the country in myriad ways, the Madras High Court has said that refusing to accept donations for a temple festival from all willing human beings is also a form of untouchability. Justice D. Bharatha Chakravarthy denounced caste system and wrote: 'In this country, untouchability is practised in various ways. Not accepting the donation from a person perceived to be an inferior human being is another form.' The judge made the observations while disposing of a writ petition filed by Ela Pandiyarajan of Ambedkar Makkal Neethi Iyakkam against the management of Kamatchi Amman Udanurai Tirunageswarar Temple at Kunrathur in Chennai. The petitioner had complained of the temple administration permitting only those belonging to Senguntha Mudaliyar caste to be the Ubayadarar (donors) for the Brahmotsavam (annual festival) and not accepting donations from others. He questioned the propriety behind such a discrimination despite the temple falling under the control of the Hindu Religious and Charitable Endowments (HR&CE) Department and contended that it was against the fundamental right to equality. After recording his submissions, Justice Chakravarthy recalled one of his recent judgements wherein he had observed that caste was a social evil, and a casteless society, the goal envisaged by the framers of the Constitution. 'In view thereof, if a person belonging to a Scheduled Caste community is not permitted to be the Ubayadarar in a temple, then, that would also be a violation of Article 17 (abolishment of untouchability) of the Constitution,' the judge observed. He directed the HR&CE department to dispose of a representation made by the writ petitioner for accepting donations from all willing donors, and said that the department's decision would apply to all festivals in the future and not just to this year's festival.
