No Room For Discrimination In Place Of Worship: Madras High Court Disposes PIL Alleging Discrimination At Arulmigu Devaraja Swamigal Temple
The Madras High Court was considering a Petition by the petitioners seeking prohibition of discrimination against the Non-Brahmin devotees of Thenkalai cult.
Justice G. Jayachandran, Justice E. Manoharan, Madras High Court
While dealing with a PIL alleging discrimination against non-brahmins at Arulmigu Devaraja Swamy Devasthanam, the Madras High Court has observed that there is no room for discrimination in a place of worship. The High Court disposed of the petition by accepting the undertaking of the Executive Trustee of the Devasthanam that there would be no discrimination in the distribution of the Theertham, Satari and Prasadams.
The High Court was considering a Petition filed by the petitioners under Article 226 of the Constitution seeking a direction to the respondents to prohibit discrimination against the Non-Brahmin devotees of Thenkalai cult in the matter of distribution of Prasadam, Theethams and in reciting Tamil Prabandams and other practices in the Arulmigu Devaraja Swamigal Temple at Kanchipuram and in particular in the Sri Manavala Mamunigal Shrine.
The Bench of Justice G. Jayachandran and Justice E. Manoharan held, “Having said that it is to be noted that the Hon’ble Courts have also held that there is no room for discrimination in a place of worship. In any event, the learned Special Government Pleader, who has vehemently stated that there is no discrimination in the Temple has put forth the submission that the statement of the 4th respondent in their counter affidavit can be taken on record as an undertaking that they will ensure that there is no discrimination in the distribution of the Theertham, Satari and Prasadams. Suffice it to say that this would resolve one of the grievances of the petitioner, especially, insofar as it relates to the distribution of the Theertham, Satari and Prasadams.”
Advocate .S.Shanmugasundaram represented the Petitioner while Spl. Government Pleader R. Bharanidharan represented the Respondent.
Factual Background
The Public Interest Litigation in question was filed by a resident of Kancheepuram and the Secretary of Thirukatchi Nambi Thirumaladiar Seva Sangam claiming that he is a devotee of Lord Devarajaswamy at Kancheepuram and he is a Thenkalai Vaishnavite. It was asserted that Thenkalai Vaishnavam is accepted in the above Devasthanam. It was also stated that Devasthanam has got many shrines and the devotees from all communities worship the deities particularly the Sannathi of Manavala Munigal.
It was brought to the Court’s notice that for the Sannathi of Manavala Munigal, there are two entrances, one is the main entrance and the other one is the side entrance. The petitioner submitted that the Devasthanam is not permitting non-brahmin devotees to enter through the main entrance and they are asked to use the side entrance only. It was further contended that the brahmins are permitted to use the main entrance and therefore, there is clear discrimination.
Reasoning
Reiterating that there is no discrimination in a place of worship, the Bench accepted the statement of the Executive Trustee of Arulmigu Devaraja Swamy Devasthanam as an undertaking that they would ensure that there is no discrimination in the distribution of the Theertham, Satari and Prasadams.
Dealing with the issue of the recital of the hymns and Pradandham, the Bench took note of the statement of the Executive Trustee in the counter affidavit that apart from the Adhyabaga Misari, which is a right secured and conferred for the Thenkalai Sect and an important service offered during certain rituals, the petitioner nor any other person or any Group would not be prevented recital of Prabandhams in any shrines of the Temple for the purpose of their worship.
“This effectively will also resolve the other grievance of the petitioner that Non Brahmins are not permitted to recite the hymns in the shrine. It is also seen that it is not the intention of the petitioner to disrupt any of the traditional rituals that are performed in praise of the deity as he himself has stated that he worships Lord Devarajaswamy”, it added.
Thus, the Bench disposed of the Petition by holding that there would be no discrimination occurring by following any tradition if the current arrangement as explained by the Special Government Pleader, whereby the petitioner would also get his chance to recite the hymns in the shrines is preserved.
Cause Title: Madhavan Ramanuja Dasan v. The Commissioner (Case No.: W.P No. 9273 of 2019)
Appearance
Petitioner: Advocates S. Shanmugasundaram, S. Senthilnathan
Respondent: Spl. Government Pleader R. Bharanidharan, Senior Counsel Hema Sampath, Advocate R. Meenal