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'Non-Hindu not allowed beyond flagpole area in temples,' rules Madras HC, asks TN govt to install banners

The respondents were the TN government, represented by Principal Secretary, Department of Tourism, Culture and Religious Endowments, The Commissioner, Hindu Religious and Charitable Endowments Department (HR&CE) and the Executive Officer of the Palani temple.

Edited By: Shashwat Bhandari @ShashBhandari New Delhi Updated on: January 31, 2024 8:37 IST
Representational image
Image Source : FILE PHOTO Representational image

Tamil Nadu: The Madras High Court has ordered Hindu Religious and Charitable Endowments Department -- HR & CE departments -- to install boards in all Hindu temples stating information that non-Hindus were not permitted inside the temple after the flagpole (Kodimaram) area in respective shrines.

The court said that Hindus have a fundamental right to profess and practice their religion adding the temple is not a picnic or tourist spot.

The Madurai bench of the Madras High Court ordered that non-Hindu are not allowed to cross the Palani Murugan Temple beyond the flagpole.

Judge S Srimathy heard a petition and ordered the placement of banners within the temple premises, reinforcing the prohibition of entry for non-Hindus and those not adhering to Hindu beliefs. The restriction extends only up to the flagpole, allowing non-Hindus to enter after registering their intention to have darshan.

HC's Madurai Bench gave the judgement while hearing a plea from D Senthilkumar, who sought directions to the respondents to permit Hindus alone to the Arulmigu Palani Dhandayuthapani Swamy temple and its sub temples. He also wanted that display boards to that effect in all entrances be set up. The famous Lord Murugan temple is located in Palani in Dindigul district.

Admitting the petition, the court directed the respondents to install boards indicating "non-Hindus are not allowed inside temple after Kodimaram" in the entrance of the temples, near the flagpole and at prominent places in the shrine.

"The respondents are directed not to allow the non-Hindus who do not believe in Hindu religion. 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," the court ruled.

Further, whenever a such a person is allowed based on the undertaking the same shall be entered in the register which shall be maintained by the temple.

"The respondents shall maintain the temple premises by strictly following the agamas (temple rules), customs and practices of the temple," the judge said.

The respondents submitted the said writ petition was filed only for the Palani temple and the order may be restricted to it alone.

"But the issue raised is larger issue and the same ought to be applicable to all Hindu temples, hence the plea of the respondents is rejected. As stated supra these restrictions would ensure communal harmony among different religions and ensure peace in the society. Therefore the State Government, the HR&CE department, the respondents and all persons who are involved in temple administration are directed to follow the directions to all Hindu temples," the court said.

"Likewise, people belonging to other religions have right to profess and practice their religion. But the customs and practice of their respective religion cannot be interfering with and any interference ought to be curtailed. The temple is not (a) picnic spot or tourist spot. Even in Arulmighu Brahadeeswarar Temple, Thanjavur the other religion people are allowed to admire and appreciate the architectural monuments of the temple, but not after Kodimaram."

"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. Therefore, 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 religions and there cannot be any bias in applying such right," the court added.

The HC also referred to certain incidents of non-Hindus allegedly entering temples.

With inputs from PTI

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