New Delhi: The Kerala High Court has asked the state government to consider amending the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965, which bar non-Hindus from entering places of worship.
Rule 3(a) of the Rules explicitly bars non-Hindus from entering temples. However, the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965, does not mention such a provision.
Emphasising that the purpose of such laws and rules is to maintain decorum and decency at a temple and not “humiliate and insult” guests, the court said, “It is therefore for the government to examine whether Rule 3(a) requires reconsideration, amendment or modification so as to bring it in consonance with the legislative intent and constitutional principles”.
The case relates to a September 2023 incident, when two Christian priests were invited to the Sree Parthasarathy Temple in Adoor to attend a function. The temple comes under the Travancore Devaswom Board (TDB).
The Kerala High Court (HC) was acting on a plea filed by a teacher named Sri Sanil Narayanan Nampoothiri, who said he was a devotee of the temple, and sought a declaration that Christian priests donning robes were not allowed in under the 1965 Act and its connected Rules.
A division bench of Justices Raja Vijayaraghavan and KV Jayakumar, while dismissing the plea, noted that although in the current case, there was no direct challenge to the constitutional validity of the 1965 Act or the Rules, there was an “apparent inconsistency” between the provisions of the two.
This is not the first such controversy. In January this year, Uttarakhand’s religious leaders and caretakers of its Char Dham temples had asked the state government to prohibit entry of non-Hindus at Badrinath, Kedarnath, Gangotri, and Yamunotri.
Also Read: Tirupati temple board firm on ‘Hindu staff-only’ stand, suspends ‘Christian’ senior official
The incident that sparked uproar
On 7 September 2023, two Christian priests entered the Sree Parthasarathy Temple in Kerala’s Adoor wearing their “priestly robes”, and faced disapproval from some devotees, one of whom later went ahead and filed the current plea in court.
By way of his plea, the petitioner devotee said that non-Hindus are not permitted to enter Hindu temples, yet temple authorities like the Temple Advisory Committee had ignored the protests of the devotees and permitted the entry of two Christian priests, violating the provisions of the Kerala Hindu Places of Public Worship Act, and the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules.
Later that month, the petitioner’s lawyer issued a notice to the Sub-Group Officer, Kottarakkara, requesting him to take strict action against the officers responsible and to ensure that such incidents are not repeated.
Finally, the devotee moved the Kerala High Court seeking curative rituals in the temple to maintain its purity, along with a declaration from the Temple Advisory Committee to not permit entry of non-Hindus at the Sree Parthasarathi temple.
How the case unfolded
Before the court, the Travancore Devaswom Board argued that the priests were called in to inaugurate the ‘Shobha Yatra’ conducted in connection with Sreekrishna Jayanthi celebrations at the time.
After the inauguration was completed, the priests had expressed their desire to enter the temple and sought permission for the same, the Board said.
“The office-bearers of the temple obtained permission from the thantri (chief priest who conducts the rituals) of the temple. Since the thantri has granted permission for the entry, the Sub-Group Officer did not object to the entry of the guests into the temple,” the court said while taking note of arguments presented by both sides, adding that there was also no requirement for them to take off their shirts or robes while doing so.
Following this, the priests entered the temple, offered prayers and received prasadam, while making sure not to violate any customs, rituals or rites, the court further noted.
The Temple Advisory Committee also argued that the current case was an abuse of the legal process as its office-bearers had obtained permission from thantri over the phone and allowed the priests to enter the temple. The devotees, gathered in large numbers, did not object either, the committee argued.
Section 3 of the 1965 Act says that every place of public worship which is open to Hindus generally or to any section or class of Hindus “shall be open to all sections and classes of Hindus; and no Hindu of whatsoever section or class shall, in any manner, be prevented, obstructed or discouraged from entering such place of public worship”.
On the other hand, Rule 3 of the Rules prohibits the entry of non-Hindus to any place of public worship and even prevents them from bathing in the sacred pond, tank or well in the precincts of the temple.
The court noted that originally, these rules were put in place to maintain decency, decorum and the orderly behaviour in the temple, but now, many of the 1965 Rules had become impracticable and difficult to enforce or execute.
The ruling
Recalling the Supreme Court’s 1952 ruling in Nar Hari Shastri vs. Shri Badrinath Temple Committee, the Kerala HC said that the top court has already recognised that the right of entry into public temples is not unregulated or unrestricted.
“It is always competent to the temple authorities to make and enforce rules to ensure good order and decency of worship,” the court noted in its 28-page ruling.
However, underlining that the law’s objective is to secure social harmony and promote the welfare of citizens, the court said, “Law is not static. It is dynamic and evolves with the changing needs and realities of society. As society advances and becomes more inclusive, statutory provisions and subordinate legislation must be interpreted in a manner that advances constitutional values and social cohesion.”
The court added that statutes, rules and regulations should not be permitted to become instruments for creating discord or disharmony between different religions, castes, sub-castes or communities. “On the contrary, the legal framework must function as a unifying force that fosters mutual respect and coexistence,” the court said while asking the Kerala government to consider amending Rule 3(a) of the 1965 Rules.
(Edited by Gitanjali Das)
Also Read: 2 college principals, 3 nurses among 18 non-Hindu staff TTD’s barred from temple rituals & services