Entry into Agamic temple premises cannot be permitted for non-Hindus who sport religious markers: HC

Madras High Court

Even entry into the Agamic temple premises cannot be permitted for non-Hindus who sport religious markers and who do not subscribe their reverence to the deity concerned. The subscription must be in the format prescribed by the institution concerned, the Madurai Bench of the Madras High Court has said.

The court was hearing a public interest litigation petition filed by K. Thangam Venkatesh of Madurai district. The petitioner sought a direction to authorities to conduct an inquiry against violators of statutory provisions of Tamil Nadu Temple Entry Authorisation Act and the Rules and strictly enforce the statutory provisions.

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A Division Bench of Justices G.R. Swaminathan and P. Murugan said the petitioner was a Hindu and was entitled to insist that the trustees of various Agamic temples in Tamil Nadu uphold Agamic injunctions by not permitting non-Hindus to cross beyond the flag pole.

If such an entry was permitted, it would defile the sanctity of the temple.

Referring to two earlier Single Bench orders of the court, the judges said even though the law had been declared in categorical terms, it noticed in recent times that there were egregious breaches.

The court said Badrudeen Mustafa, an MLA representing the Madurai Central Constituency where the famous Meenakshi Temple was located, went inside the temple premises soon after his election. He claimed that he had a right to inspect if proper amenities were being provided. He also went up the temple towers on the occasion of Kumbabhishekam. It was ironic that the MLA had proclaimed that Sanatana Dharma ought to be eradicated.

The court said it took judicial notice of the fact that a Minister who was a Christian by faith entered Tiruchendur temple without giving the undertaking required from Non-Hindus.

We have the illustrious instance of Tamil Nadu Chief Minister C. Joseph Vijay who worshipped Goddess Meenakshi after signing the undertaking. The Chief Minister who was a Christian by faith was not asked to convert to Hinduism. He was only requested to affirm his reverence for the deity. This was what we call an inclusive approach, the court said.

The court said it took judicial notice of a video doing rounds on the social media of persons wearing skull caps, pushing their way through in to the Thiruvannamali Arunachaleswarar Temple, notwithstanding the vigorous protests of the devotees. The HR and CE staff stood as mute spectators.

The court said it made it clear at the very outset that the scope of the judgement was confined to Agamic temples. Lord Ayyappa has devotees cutting across religions. Shirdi Sai Baba is also beyond religion. Both Hindus as well as Muslims claimed Him as their own. Of course now, he is more a part of the Hindu pantheon, the court said.