KOCHI: Observing that the very object and purpose of law is to secure social harmony, the Kerala High Court said it is for the government to consider whether the rule prohibiting non-Hindus from entering temples should be retained in its present form or suitably amended in tune with the changing times.
The court made the observation while holding that the entry of two Christian priests into the Sree Parthasarathy Temple in Adoor, Pathanamthitta, in 2023, permitted by the thantri as invitees and guests, cannot be construed as a violation of the established rites, usages and customs of the temple.
Significantly, the court said Rule 3(a) of the Kerala Hindu Places of Public Worship Rules, which prohibits the entry of non-Hindus into a place of public worship, is inconsistent with the parent Act.
It noted that the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965, does not contain any provision prohibiting the entry of non-Hindus into a place of religious worship. However, when the rules were framed, sub-clause (a) of Rule 3 introduced a prohibition on the entry of non-Hindus into places of religious worship, it said.
“It is for the government to consider whether Rule 3(a) should be retained in its present form or suitably amended, after due consultation with the devaswom board, thantris, religious scholars and other relevant stakeholders,” the court said.
It said the purpose of law is to secure social harmony and promote the welfare of citizens.
“Law is not static; it is dynamic and evolves with the changing needs and realities of society. As society advances and becomes more inclusive, statutory provisions and subordinate legislation must be interpreted in a manner that advances constitutional values and social cohesion. Statutes, rules and regulations ought not to be permitted to become instruments for fomenting discord or disharmony between different religions, castes, sub-castes or communities. On the contrary, the legal framework must function as a unifying force that fosters mutual respect and coexistence,” it said
The court dismissed the petition filed by Sanil Narayanan Nampoothiri of Kulanada, who challenged the entry of Zacharias Mar Aprem and another Christian priest into the Adoor Sree Parthasarathy Temple in 2023. The priests were invited to attend a function in connection with Sreekrishna Jayanthi celebrations.
‘Entry was authorised by thantri’
The petitioner contended that non-Hindus are not permitted to enter Hindu temples.
The court said the entry of the priests into the temple was a permissive entry, expressly authorised by the temple’s thantri. “The thantri occupies a pivotal and sacrosanct position in the temple hierarchy and is traditionally regarded as the spiritual custodian and ritual authority — often described as the father of the deity. An entry permitted by the thantri, in the capacity of a guest or a special invitee, is fundamentally distinct from an entry claimed as a matter of right,” the court said.
The amicus curiae submitted that preventing the entry of a non-Hindu could be treated as a ‘religious practice’, but it is not an ‘essential religious practice’. The core of the Hindu religion would not change by permitting or preventing the entry of a non-Hindu worshiper to a Hindu religious institution, the amicus curiae said.