Read Time: 08 minutes

Synopsis

The Madras High Court on Tuesday issued a direction to the State Government of Tamil Nadu and its Hindu Religious Charitable Endowments Department to install Boards indicating that “non-Hindus are not allowed inside all Hindu temples across the state after Kodimaram”.

The bench of Justice S Srimathy, while dealing with a plea seeking directions for restriction on entry of non-Hindus in the Palani Hilltop Temple premises, said that the issue raised was a larger issue and the same ought to apply to all Hindu temples.

Therefore, court directed the respondent authorities to follow the directions to all Hindu Temples.

Court directed:

i) The respondents shall install Boards indicating that “Non-Hindus are not allowed inside temple after Kodimaram” in the entrance of the temples, near Kodimaram and at prominent places in the temple.

ii) The respondents are directed not to allow the Non-Hindus who do not believe in Hindu religion.

iii) If any Non-Hindu claims to visit particular deity in the temple, then the respondents shall obtain undertaking from the said Non-Hindu that he is having faith in the deity and he would follow the customs and practices of Hindu religion and also abide by the Temple customs and on such undertaking the said Non-Hindu may be allowed to visit the temple.

iv) Whenever a Non-Hindu is allowed based on the undertaking the same shall be entered in the register which shall be maintained by the temple.

v) The respondents shall maintain the temple premises by strictly following the agamas, customs and practices of the temple.

While issuing the directions, court made several significant remarks on the equal rights of the Hindus to protect their temples and faith. 

While highlighting the Arulmighu Brahadeeswarar Temple incident where a group of persons belonging to other religion had treated the temple premises as a picnic spot and had nonvegetarian food inside the temple premises and the Arulmighu Meenakshi Sundareswarar Temple, Madurai incident where a group of persons belonging to the other religion had entered with “their sacred book” near sanctum and sanctorum and was attempting to do their prayers before sanctum sanctorum, the court said,

"These incidents are absolutely interfering in the fundamental rights guaranteed to the Hindus under the Constitution."

"The Hindus also have fundamental right to profess and practice their religion freely and propagate their religion without interfering in their way of practice. Therefore the Hindus have the right to maintain their temples as per their customs, and practices and Hindu Religious and Charitable Endowment Department is having duty to protect the temples from such unwanted incidents," said the bench. 

However, court added that there have been and there can be exemption to restriction on entry of non-Hindus in Hindu temples. "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," court said. 

Regarding the argument that many foreigner tourists come to Hindu temples to admire and appreciate the architectural monuments of the temple, court said that "while admiring the architectural monuments the people cannot use the premises as picnic spot or tourist spot and the temples premises ought to be maintained with reverence and as per agamas".

"The rights guaranteed under the Articles is not granting any right to the respondents to allow the other religion people if they do not have any faith and belief in the Hindu religion. Moreover, the rights are guaranteed to all religion and there cannot be any bias in applying such rights," court said while stressing that holy places of other religions often have several restrictions for people of other faiths.

Case Title: D.Senthilkumar v. Government of Tamilnadu and Others