Caste-Based Temple Entry Ban Amounts to Untouchability, Violates Article 17: Madras HC
Total Views |
Chennai, Sept 4: The Madras High Court has held that preventing a person belonging to the Scheduled Caste community from entering a temple on caste grounds amounts to the practice of untouchability and violates the fundamental right guaranteed under Article 17 of the Constitution.
The petitioner told the court that although members of the community had been permitted to participate in the festival this year following intervention by the authorities, safeguards were necessary to ensure that they were not excluded in future.
The State informed the court that a peace committee meeting had been convened and that all communities would be allowed to participate in the festival. On this assurance, the court closed the petition.
However, the court made it clear that caste-based exclusion from temples cannot be permitted. It pointed out that the Tamil Nadu Temple Entry Authorisation Act expressly prohibits restrictions on temple entry based on caste.
The court said that if any person prevents another from entering a temple on casteist grounds, particularly when the person belongs to a Scheduled Caste, such conduct would constitute untouchability under Article 17 and the perpetrator could be prosecuted in accordance with law.
Justice D. Bharatha Chakravarthy made the observation while dealing with a petition filed by V. Sundaram of Salem, who sought directions to the district administration to ensure that members of the Milagu Kattan Adidravidar community were allowed to participate in the chariot festival of the Arulmigu Muthu Mariamman Temple.
ALSO READ: First Split Hits Cockroach Janta Party, Rebel Faction Floats CJP-D
However, the court made it clear that caste-based exclusion from temples cannot be permitted. It pointed out that the Tamil Nadu Temple Entry Authorisation Act expressly prohibits restrictions on temple entry based on caste.
The court said that if any person prevents another from entering a temple on casteist grounds, particularly when the person belongs to a Scheduled Caste, such conduct would constitute untouchability under Article 17 and the perpetrator could be prosecuted in accordance with law.