The Madras High Court has held that preventing a person belonging to a Scheduled Caste from entering a temple or participating in a temple festival on caste grounds amounts to the practice of untouchability and violates the fundamental right guaranteed under Article 17 of the Constitution.
Justice D Bharatha Chakravarthy made the observation while hearing a petition filed by V Sundaram in connection with the Arulmigu Muthu Mariamman Temple chariot festival at Ramanayakkanpalayam in Salem district.
‘Nobody Can Be Prevented on Caste Grounds’
The petitioner had sought equal participation for members of the Milagu Kattan Adidravidar Community in the temple festival and directions to prevent certain individuals from excluding them.
The Tamil Nadu government told the court that a peace committee meeting had been held and that everyone had been allowed to participate in the festival irrespective of caste or creed. It also said that disputes over “Karaikarargal rights” could be taken before a civil court.
Sundaram’s counsel, however, urged the court to ensure that members of the community would not face similar exclusion during future festivals.
The High Court referred to the Tamil Nadu Temple Entry Authorisation Act, 1947, and said that a person cannot be stopped from entering a temple because of caste.
“This Court has also repeatedly passed orders that on the basis of a non existing thing called ‘caste’ nobody can be prevented entry or participation in the temple festival,” the court observed.
The court further said that preventing a Scheduled Caste person from entering a temple on casteist grounds would amount to the practice of untouchability.
“If any person prevents another person from entering the temple on casteist grounds, particularly if a person belonging to a Scheduled Caste is prevented from entering the temple, such an act would amount to the practice of untouchability and would constitute a violation of the fundamental right guaranteed under Article 17 of the Constitution of India,” Justice Chakravarthy said.
The court added that those responsible for such acts could be prosecuted in accordance with law.
State Assures No Discrimination
The Tamil Nadu government assured the court that there would be no discrimination in participation in the temple festival in future years.
The court clarified that disputes concerning the right to conduct or administer the festival could be pursued before the competent authority under the Hindu Religious and Charitable Endowments framework or before the appropriate civil court.
Since the festival was already underway and people from all communities had been allowed to participate, the court closed the petition.
