The Madras High Court Directs HR&CE Department to Ensure Inclusive Temple Festival.

December 28, 2023by Primelegal Team0

Case Title: Pandiarajan C v The District Collector and Others

Case No: W.P(MD)No.30303 of 2023

Decided on: 19th December, 2023

CORAM: THE HON’BLE MR. JUSTICE B. PUGALENDHI  

 Facts of the Case

In a suit filed with the court, Pandiarajan, a Scheduled Caste member, claimed that they had been wrongfully denied entry to the Arulmighu Chelliyaramman Temple’s temple festival. Pandiarajan’s case was based on the Maravar community in the village allegedly discriminating against them. According to Pandiarajan, the Maravar community was preventing members of the Scheduled Caste from participating in the temple festival activities, particularly the mulaippari. Notably, Pandiarajan further complicated matters by asserting that members of the Scheduled Caste community were exempt from paying the festival tax. The matter continued even after Pandiarajan’s earlier attempts, which included meeting with the Tahsildar and taking part in a meeting of the peace committee that was arranged by several authorities, which is why the legal action was necessary.

By requesting the Tahsildar’s involvement and attending a peace committee meeting, Pandiarajan had demonstrated initiative in resolving the issue. Important individuals like the village administrative officer, inspector of police, deputy superintendent of police, and inspector of the HR&CE department attended this meeting. A resolution was made during the meeting that said the HR&CE Department’s guidance will be followed in conducting the temple festival. It was also decided, and this is significant, that no village would have the authority to independently plan the festival and collect taxes. The Scheduled Caste population, according to Pandiarajan, was still subjected to discrimination since caste Hindus prevented them from attending the temple festival, despite efforts to address the issue and the resolution.

Issues

Is the reported denial of entry to scheduled caste members in the Arulmighu Chelliyaramman Temple during the Margazhi festival a violation of constitutional rights, prompting the Madras High Court to direct the Hindu Religious and Charitable Endowments (HR&CE) Department to conduct the festival inclusively and assert that no person or group can restrain an individual from performing religious duties?

 Courts analysis and decision

The HR&CE Department was ordered by the court to supervise the Margazhi festival and make sure that all worshippers, including those from the scheduled caste community, are allowed entry to the temple. The court intervened to protect constitutional rights after receiving a complaint alleging that members of the scheduled caste were denied access to the temple. The court emphasised how critical it is to deal with any possible untouchability problems that may exist in the community. The Tahsildar was ordered by the court to look into the situation and report back to the District Collector with recommendations for next steps.

The court emphasised that even after seventy-five years of independence, discriminatory practices like these still need to be addressed and stopped, emphasising the fundamental freedom to practise religion without hindrance. The court upheld the temple’s public character and the HR&CE Department’s right to become involved in its operations. As a result, the Tahsildar’s report was used as the basis for the HR&CE Department’s direction to select a suitable candidate and implement the required measures, indicating a judicial stand against religious discrimination.

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Written by- Rupika Goundla

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Primelegal Team

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