Temple Not a Place for Cutting Birthday Cake, Right to Worship Should be Exercised Without Disturbing Sanctity of Worship Place : Kerala HC

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Synopsis

The court expressed discontent over the inappropriate behaviour of a muslim woman entering the temple and cutting a birthday cake and making a video

The Kerala High Court has barred birthday celebrations at Guruvayur Shree Krishna Temple remarking that “a temple is not a place for cutting Birthday Cake.” The court also directed the Guruvayur Devaswom Managing Committee and its Administrator to prohibit videography by vloggers in the Temple, underscoring that the temple is a "Special Security Zone," and any videography unrelated to religious ceremonies, such as marriage functions, is forbidden.

A Division bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar, noted : “Every devotee has a right to exercise his right of worship in Guruvayur Sree Krishna Temple in an accustomed manner and subject to the practice and tradition of that temple,” emphasising that the right to worship shall be exercised without disturbing the sanctity of the temple.

The case arose from a writ petition filed by two devotees of the Guruvayur Sree Krishna Temple, P.P. Venugopal and Babitha Mol B., under Article 226 of the Constitution. The petitioners sought a directive to prevent the entry of non-Hindus, particularly the fourth respondent, a muslim woman, into the temple premises, including the Nadapanthal, the outer courtyard of the temple. The petitioners alleged that the woman had violated the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965, by entering the temple's premises and engaging in activities that disturbed the sanctity of the worship space. The petitioners submitted video evidence showing her cutting a birthday cake and engaging in an argument with devotees in the Nadapanthal. They argued that her actions contravened temple customs and called for strict enforcement of the rules that govern entry and behaviour within the temple premises.

The Standing Counsel for the Guruvayur Devaswom Managing Committee and the Government Pleader defended the temple's current practices but acknowledged the need for clarity regarding the temple's security measures and customs. The counsel pointed to provisions under the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965, which provided the necessary framework to regulate entry and conduct within the temple.

After reviewing the evidence, including the video footage, the court reiterated the importance of maintaining the sanctity of the Guruvayur Sree Krishna Temple, stating that the Nadapanthal is not a place for activities such as birthday celebrations.

The court took into consideration The Guruvayur Devaswom Act, 1978, observing that the Managing Committee is legally bound to manage the temple and its properties with utmost care, in accordance with the said act and other relevant legislations. Citing its earlier judgment in Suo Motu v. Guruvayur Devaswom Managing Committee and others (2022), the court highlighted the responsibilities of the Devaswom Managing Committee under Section 10 of the Guruvayur Devaswom Act, 1978. The court stated : “it shall be the duty of the Committee, subject to the custom and usage in the temple, to arrange for the proper performance of the rites and ceremonies in the temple.”

The court further directed the Managing Committee to take immediate steps to prevent unauthorised videography in the Nadapanthal, particularly by vloggers or individuals following celebrities.

The court reiterated that the temple is a "Special Security Zone," and videography, especially in sensitive areas like the eastern ‘Deepastambham,’ (lamping area) cannot be permitted. The court directed that the Managing Committee, in coordination with its security team, must ensure that no activity disrupts the devotees, including children, the elderly, or those with disabilities.

The court scheduled the next hearing for October 18, 2024.

 

Cause Title: P.P. Venugopal v. State of Kerala and Others [WP(C) No. 31313 of 2024]