MADURAI: Justice S Srimathy of the Madurai Bench of the Madras High Court on Tuesday said that if any non-Hindu wishes to visit a particular deity in any temple in Tamil Nadu, authorities may permit the person after obtaining an undertaking from him or her that "... he or she has faith in the deity and would follow the customs and practices of Hindu religion and also abide by the temple’s customs".
She issued this direction while ordering the state government and the Hindu Religious and Charitable Endowments (HR and CE) department to install sign boards in all Hindu temples in Tamil Nadu saying that "Non-Hindus are not allowed inside temple beyond Kodimaram".
Multiple boards should be installed at the entrance of temples, near the kodimaram (flag-staff), and at other prominent places in the temple, the court said.
Justice S Srimathy also directed the state government to not allow "non-Hindus who do not believe in Hindu religion" (into temples).
The judge, however, said if any non-Hindu wishes to visit a particular deity in a temple, authorities may permit the person after obtaining an undertaking from him or her that "... he or she has faith in the deity and would follow the customs and practices of Hindu religion and also abide by the temple’s customs".
Register to be maintained by temple administration
The court also directed that a register should be maintained by the temple administration to record whenever non-Hindus are allowed inside temples based on such undertakings. The authorities should maintain the temple premises by strictly following the agamas, customs, and practices of the temple, the court said.
The directions were issued by the judge while allowing a petition filed by one D Senthilkumar last year seeking to install a board prohibiting non-Hindus from entering the Palani Dhandayuthapani Swamy temple in Dindigul.
Though the government made a specific request that the order may be restricted to the Palani temple alone by pointing out that the petition only pertained to that temple, the judge said the issue raised is a larger one and hence the order should be applicable to all Hindu temples across the state. "These restrictions would ensure communal harmony among different religions and ensure peace in the society," the judge said.
The government's contention that installing such a board might hurt the sentiments of non-Hindus who believe and worship Hindu deities was rejected by the court.
The government's sympathy and worry were "misplaced", the judge said as allowing a non-Hindu, who declines to follow the customs and practices of Hindu religion and its temples, inside a temple would actually affect the rights and sentiments of large number of Hindus who practice the faith reverentially.
Temple premises to be maintained with reverence
"The temple is not picnic spot or tourist spot. While admiring the architectural monuments, people cannot use the premises as picnic spot or tourist spot. The temple premises ought to be maintained with reverence and as per agamas," Justice S Srimathy said.
Though the government cited that certain temples like the shrine of Bibi Nachiyar (daughter of a Mughal emperor) in Srirangam Ranganathaswamy temple, which permits non-Hindus inside temples would be affected by the prohibition, the judge said the examples rather support the petitioner’s case than the government's argument.
"If any person is an ardent devotee of any deity then Hindus would respect them and make them as Nachiyar or Nayanmar or Bakthas. Initially, they would be allowed after taking an undertaking as stated and later on they would be treated as Hindus and finally revered as Nachiyar or Nayanmar or Bakthas. Always religious harmony is maintained among Hindus, Muslims, Christians and other religions in Bharat when people belonging to different religions respect each other’s faith and respect each other’s sentiments," she observed.
Both the Tamil Nadu Temple Entry Authorisation Act, 1947, and the HR and CE Act prohibit non-Hindus from entering Hindu temples, she further pointed out.
Citing a recent news report about a group of non-Hindus allegedly attempting to pray with their ‘sacred book’ before the sanctum sanctorum at the Meenakshi Sundareswarar temple, the judge said such incidents affect the fundamental rights of the Hindus, who also have the fundamental right to profess and practice their religion freely without interference.
"Non-Hindus cannot be allowed inside the temple but if the faith is established by non-Hindus, then an exemption is granted to the said non-Hindu to become a believer of the Hindu faith," she said, adding that the government cannot make this exemption as a rule or a provision itself.
The petitioner, who runs a shop near the foothills of the Palani temple, claimed that a group of non-Hindus argued with the temple staff to enter the temple premises by calling it a tourist spot and questioned why no board was installed informing that non-Hindus are prohibited from entering the temple.
Though a board was subsequently installed by the authorities, it was later removed within a few hours, the petitioner added.
Citing various incidents across the country in which non-Hindus were seen consuming non-vegetarian food or engaging in similar activities inside Hindu temple premises, he sought the direction.
The court had earlier passed an interim direction on July 31, 2023, directing authorities to install a board at the entrance of the Palani temple saying that non-Hindus are not allowed inside the temple.