Madras High Court limits non-hindu access to Tamil Nadu temples, 'not for picnics or tourism'

The Madras High Court has ordered the Tamil Nadu Hindu Religious and Charitable Endowments department to put up signs at all Hindu temples banning non-Hindus from going beyond the temple flagpoles.

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The Madras High Court recently delivered a landmark judgment upholding the fundamental right of Hindus to practice their religion without interference. The ruling came in response to a plea filed by D Senthilkumar seeking permission for only Hindus to enter the Arulmigu Palani Dhandayuthapani Swamy temple and its sub-temples in Palani, Dindigul district.

Non-Hindus restrict to enter temple: Court

In its verdict, the court directed temple authorities to install notice boards at entrances, near the flagpole and other prominent locations, indicating the restriction on non-Hindus beyond the 'Kodimaram' (flagpole). The court stated that if a non-Hindu wishes to visit a specific deity, they must provide an undertaking affirming their faith in Hinduism and willingness to abide by temple customs.

"The respondents are directed not to allow non-Hindus who do not believe in the Hindu religion. If any non-Hindu claims to visit a particular deity in the temple, then the respondents shall obtain an undertaking from the said non-Hindu that he has faith in the deity, and he will 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," the court ordered.

The judgment emphasized the need for temple administrations to strictly maintain customs, practices and agamas. It rejected the respondents' plea to restrict the order to Palani temple, stating it should apply to all Hindu temples to ensure communal harmony and peace.

The court highlighted incidents where non-Hindus allegedly entered temples for non-religious purposes, saying such actions interfere with Hindus' fundamental rights. It cited a case where a group of non-Hindus treated Brihadeeswarar temple premises as a picnic spot and had non-vegetarian food inside.

In another incident on January 11, 2024, a newspaper reported a group of non-Hindus entering Meenakshi Sundareswarar temple in Madurai with their sacred book near the sanctum in an attempt to offer prayers.

"These incidents are absolutely interfering with the fundamental rights guaranteed to the Hindus under the Constitution," the judge remarked.

The court underlined the HR&CE department's duty to safeguard temples and uphold the constitutional rights of Hindus to freely practice their religion. It stated the restrictions would ensure communal harmony between different religions and maintain peace in society.

The state government, HR&CE department, temple authorities and all involved in administration were directed to implement the order in Hindu temples across Tamil Nadu.

The landmark ruling has been hailed by Hindu outfits as upholding the rights of the community to manage their religious affairs. However, some activists argue it could lead to exclusion of non-Hindus from temples. The court has made it clear temples must balance customs with constitutional principles of fraternity and dignity of individuals.