It is shocking that people are still being kept out of temples because of their caste, says Madras High Court
Justice B. Pugalendhi observed that the Constitution did not allow discrimination. God did not discriminate. Only human beings did, the court said, while hearing the petitions filed by Vanniyakulachathiriyar Nala Arakattalai (Trust), represented by its president Murugan, and Marimuthu, who alleged that Scheduled Caste devotees were being denied entry into the temple.
The court observed that the petitions raised serious constitutional and administrative issues concerning Mariamman Temple at Chinna Dharapuram in Karur district. The Trust sought removal of the 2018 prohibitory order and permission to resume festivals and worship. It said no caste discrimination took place in the temple, which they had the right to manage.
On the other hand, Mr. Marimuthu alleged that the SC devotees were being denied entry into the temple. The officials had failed to protect their rights to equality and religion.
The Karur Collector, in a status report, admitted that the temple had remained closed for public worship and festival-related activities since 2018. Pujas alone were being performed. The reason was apprehension of communal tension and law and order issues, he said.
Condemning the report, the court observed that the closure of a public temple for years under the guise of law and order concern was a dereliction of constitutional duty. If there was any real threat, it was the Collector's responsibility to handle it.
Equally disturbing was the role of police. 'They seem to think that the only way to keep peace is by denying entry to everyone. This is wrong. Stopping everyone from entering is not the way to maintain peace. It is the job of the police to make sure that rights are protected, and that anyone who breaks the law is dealt with properly,' the court observed.
It observed that the Collector admitted that the temple was under the control of the HR&CE Department and was being managed by a Fit Person. Legally, the temple was a public temple under the HR&CE Department, and the Trust had no official right to claim full control. It was the duty of the department and the State to make sure that everyone was allowed to worship.
A good example of how such situations could be handled was the Kandadevi Temple festival in Sivaganga district. The temple festival had been stopped for 17 years due to similar caste tensions. But, in 2024, the government took proactive steps and ensured that the festival took place peacefully with participation of all. The government must remember that peace built by denying rights was not real peace, it was surrender, the court observed.
The court made it clear that no person or group could block the access to a public temple based on caste. If anyone tried to create trouble or claim superiority based on caste, they would face strict legal consequences, the court said.
The court directed the Karur Collector, Superintendent of Police, and HR&CE Department to file a report and posted the matter for hearing after three weeks.
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