Justice N. Anand Venkatesh, Madras High Court
Caste Is Man-Made, God Is Neutral: Madras High Court Says Denial Of Temple Entry To SCs Violates Rule Of Law
|A plea was submitted by members of the SC community, who sought permission to enter the temple and participate in its car festival
The Madras High Court held that preventing individuals from worshipping based on their caste is a serious violation of their dignity and cannot be tolerated in a nation governed by the rule of law.
The petition pertained to the Arulmigu Puthukudi Ayyanar Temple.
A Bench of Justice N Anand Venkatesh held, "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 community, is an affront to the dignity of persons who are discriminated based on their caste. This can never be permitted in a country, which is governed by the Rule of law."
Advocate Deepika S appeared for the Petitioner and Advocate T.M.Rajangam appeared for the Respondents.
The case arose from a plea submitted by members of the Scheduled Caste (SC) community, who sought permission to enter the temple and participate in its car festival, scheduled from July 16 to 31. The petitioners contended that they were being denied the right to worship solely because of their caste identity.
The Court drew attention to the Tamil Nadu Temple Entry Authorisation Act, 1947, which was enacted after sustained efforts by reformers who sought to dismantle caste-based barriers in religious institutions. The Court added, "This act came into force after a long struggle by many leaders, who wanted to ensure that persons are not prevented from entering into the temples based on their caste. The Act was brought into force as a policy taken by the State Government to remove the disabilities imposed on certain classes of Hindus against entry into Hindu temples in the State."
The Court directed the concerned government authorities to ensure that SC individuals are allowed full and equal participation in temple activities, including the upcoming festival. Furthermore, it added, “there shall be a direction to the respondents 2 and 4 to ensure that all classes of Hindus are permitted to enter into the temple and participate in the festival. If any one prevents them from participating, action shall be taken in accordance with law. It shall be ensured that no law and order problem is created.”
Cause Title: Venkatesan v. The District Collector & Ors.
Appearance:
Petitioner: Advocate Deepika S
Respondents: Advocates T.M.Rajangam, N.R.R.Arun Natarajan, V.Meganathan
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