Install board that says non-Hindus are not allowed inside temples beyond Kodimaram: Madras HC

The judge cited a recent news report about a group of non-Hindus attempting to pray with their 'sacred book' before the sanctum santorum at the Meenakshi temple.
Image used for representational purposes only.
Image used for representational purposes only.Photo | Pexels

MADURAI: The Madurai Bench of Madras High Court on Tuesday ordered the state government and Hindu Religious and Charitable Endowments (HR and CE) department to install sign boards in all Hindu temples in Tamil Nadu that “Non-Hindus are not allowed inside temple after Kodimaram”.

If any non-Hindu wishes to visit a particular deity in a Hindu temple, the authorities may permit them after obtaining an undertaking from them that "...he or she is having faith in the deity and would follow the customs and practices of Hindu religion and also abide by the temple customs", the court added.

It 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.

Justice S Srimathy passed the order 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 opined that the issue raised is a larger one and hence the order should be applicable to all Hindu temples in state.

"These restrictions would ensure communal harmony among different religions and ensure peace in the society," the judge said and directed the government to implement the directions in all Hindu temples.

The petitioner, who runs a shop near the foothills of the 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 foods or engaging in other similar activities inside Hindu temple premises, he sought the above direction.

Hearing the plea, the court passed an interim direction on July 31, 2023, directing the Palani temple authorities to install a board at all entrances of the temple that non-Hindus are not allowed inside the temple.

The government counsels argued that not only Hindu devotees but even foreigners from across the world visit the hill temple.

Even non-Hindus who are having faith in Lord Murugan come to the temple to worship the deity by accepting the customs and practices of the religion and the temple, they added. Being secular, it is the duty of the government to ensure the rights of the citizens of India as stated in the Constitution. Hence, installing such a board prohibiting non-Hindus who believe and worship the deity would hurt their religious sentiments and run contrary to the rights enshrined in the Constitution, the government added.

But Justice Srimathy stated that both the Tamil Nadu Temple Entry Authorisation Act, 1947 and the HR and CE Act, prohibit non-Hindus from entering Hindu temples. She also rejected the government's contention that install the board would affect the religious sentiments of non-Hindus. The authorities are worried about the sentiments of non-Hindus who are not having faith in Hindu religion but by pleading so, they are failing to protect the sentiments of Hindus. She cited a recent news report about a group of non-Hindus attempting to pray with their 'sacred book' before the sanctum santorum at the Meenakshi Sundareswarar temple, and said such incidents affect the fundamental rights of the Hindus. "The 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 believer of Hindu faith," she observed.

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