'Faith Cannot Be Compartmentalised': Madras High Court Orders Probe into Alleged Exclusion of Dalit Street from Temple Procession

The Madras High Court has held that constitutional guarantees of equality and the abolition of untouchability cannot be defeated by long-standing customs if they result in caste-based exclusion from public religious festivals.

Observing that "faith cannot be compartmentalised street-wise on caste lines", court directed the Dindigul District Collector to examine allegations that a temple procession has for years bypassed a Dalit-majority street and decide within 12 weeks whether the route should be expanded.

Justice L. Victoria Gowri passed the order on a petition filed by Bakiyaraj, a resident of North Street in Muthalapuram village and a member of the Devendra Kula Vellalar community. He alleged that during the annual Thai festival of Arulmighu Ayiram Aruval Kottai Karuppasamy Temple, a ceremonial wooden chest draped with silk cloth is taken in procession through the village but is deliberately prevented from entering North Street because it is inhabited predominantly by members of his community. He also claimed that they were excluded from temple administration, offerings and festival-related decisions.

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The private respondents denied the allegations and maintained that there was no caste discrimination. According to them, every community in the village has separate temples and customs, the procession has followed the same route from time immemorial, and all devotees are free to worship at the temple irrespective of caste. They argued that the dispute related to customary practices rather than discrimination and relied on an earlier order of the high court.

The State submitted that maintaining law and order remained its primary concern and assured the court that devotees would be permitted to worship and participate in religious activities in accordance with law.

Can customary practices justify caste-based exclusion from temple festivals?

Answering the central constitutional question, court said allegations that members of a Scheduled Caste community are prevented from participating in a public religious festival cannot be dismissed as private disputes because they "strike at the heart of constitutional morality itself".

It observed that Article 17 abolishing untouchability is absolute and is not subject to "custom, usage, local tradition or social acceptance."

Court further said that Article 25, which guarantees freedom of religion, is itself subject to other fundamental rights, including equality and dignity. Therefore, "no religious practice or customary usage can survive constitutional scrutiny if it violates equality, dignity or fraternity".

It reiterated that constitutional morality must prevail whenever it conflicts with social morality.

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Justice Gowri also emphasised that fraternity is not merely an aspirational constitutional value but a living command requiring equal dignity for every citizen.

A temple festival, court observed, is not merely a religious ceremony but a social institution intended to unite people, and if it becomes a mechanism for exclusion, "the very purpose of community worship stands defeated".

What did the Madras High Court direct the District Collector to do?

While acknowledging the constitutional issues involved, court said disputed questions regarding historical procession routes and customary practices could not be conclusively decided in writ proceedings based only on affidavits. At the same time, it held that constitutional courts cannot remain passive when allegations of caste-based exclusion are raised.

Accordingly, court directed the District Collector, Dindigul, to undertake a comprehensive inquiry by convening a meeting of all stakeholders, including members of the petitioner's community, private respondents, village elders, revenue and police officials and, if required, officials of the Hindu Religious and Charitable Endowments Department.

The Collector must also conduct a field inspection, verify the historical procession route, determine whether caste discrimination or untouchability exists, assess whether extending the procession through North Street is physically and administratively feasible, and prepare a detailed report with route maps and recommendations.

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If the Collector concludes that including North Street is feasible and would advance constitutional values without creating insurmountable administrative difficulties, appropriate arrangements must be made for such inclusion.

The Superintendent of Police has been directed to provide adequate protection during future festivals, while authorities have also been instructed to ensure that no devotee is denied entry into the temple or participation in worship on the ground of caste.

Any act amounting to untouchability or caste discrimination, court said, must be dealt with strictly in accordance with law.

Closing the case, court observed that "the Constitution transformed subjects into citizens and communities into equals" and reminded the administration that "customs may deserve respect; discrimination never does". It added that a deity worshipped by an entire village belongs to the whole village and that public religious institutions cannot become instruments for perpetuating social exclusion.

Case Title: Bakiyaraj v. The District Collector, Dindigul & Others

Judgment Date: June 8, 2026

Bench: Justice L. Victoria Gowri