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Synopsis

In a case where members of the Scheduled Caste Community were denied entry and the right to worship in a temple, the Madras High Court recently observed that the court cannot be a mute spectator and permit the perpetuation of the practice of untouchability.

Court noted that in the case at hand, a few persons claiming to be superior to the members of the petitioner community only by reason of their birth into a particular community were seeking to prevent the petitioner and the members of his community from worshipping in the said temple.

"...instances as set out in the case on hand should make each of us hang our heads in shame," said the court. 

The court was dealing with writ petitions filed by members of the Scheduled Caste Community seeking direction to appoint an Executive Officer to the religious Institution namely Shri Mangala Nayaki Amman Temple in Mangalanadu North Village, Arasarkulam Division, Aranthangi Taluk, Pudukottai District.

Consequently, direction was also sought to ensure that the members of the Scheduled Caste Community are permitted to worship at the said temple without any hindrance.

They had alleged that members of other caste communities were obstructing their entry into the temple.

The bench of Justice PT Asha held that the instances as alleged in the pleas at hand were shameful. "In this country, which has assured liberty vis-a-vis religion and equality of status, persons like the petitioner who belong to the marginalised society are prevented from even offering prayers to the God almighty who belongs to all of us," noted the bench. 

Therefore, taking note of the grievances of the petitioners, court disposed of the writ petitions giving direction to the District Collector, Pudukkottai to ensure compliance of the decision arrived at in the Peace Committee Meeting held on 13.12.2021 between the two parties.

Court also made it clear that the persons who were obstructing the petitioners from entering the temple shall adhere to the decision of the Peace Committee Meeting.

Court underscored that the District Collector, Pudukottai District, shall ensure that the petitioner and his community people are permitted to worship at the temple like everyone else.

In case of any problem, the Revenue Divisional Officer, Aranthangi, Pudukottai District, who has been arrayed as the fifth respondent shall step in and take necessary action in this regard, court clarified. 

Moreover, in view of the obstructing persons' conduct, court ordered that if necessary and taking into account the ground situation and if there is a disturbance to public order, the police authorities will be at liberty to invoke the provisions of Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law along with other applicable laws against any person indulging in the such activity.

Case Title: M.Mathi Murugan v HRCE Department and Others