MC Explains: What led the Madras HC to bar the entry of non-Hindus into temples

Madras-High_Court on entry of non-Hindus in Hindu temples

On January 30, the Madras High Court ordered the State of Tamil Nadu and the Hindu Religious and Charitable Endowments (HR and CE) department to not allow non-Hindus who do not believe in Hinduism into temples.

The court also directed the authorities to install boards indicating that “non-Hindus are not allowed inside temples after the ‘Kodimaram’ (mast) in the entrance of the temples, and at prominent places in the temple. The single judge further noted that if a non-Hindu wishes to enter the temple, the authorities must obtain a written undertaking that he/she would follow the customs and practices of Hindu religion and abide by the temple customs.

Moneycontrol explains what led the Madras HC to pass an order of this nature and the nature of the case filed.

What was the case at Madras HC?

Palani is an important pilgrimage centre for Hindus. The temple is one of the six primary shrines dedicated to Lord Muruga (Karthikeya), who is considered the forefather of the Tamil people.

The Palani temple is located on a hilltop near Madurai city. Many old and historical temples in Tamil Nadu are maintained by the HR and CE department, which is an arm of the state government. HR and CE laws govern the functioning of the temples. In fact, a plea against HR and CE control over temples in Tamil Nadu is pending at the Supreme Court (SC).

A shopkeeper, who runs a shop called Shashti Toy Shop, at the foothill of Palani filed the plea in 2023 after seeing a non-Hindu family trying to purchase tickets to a winch that would take them to the hilltop.

According to the petitioner, the person had also brought his relatives who were wearing burqas. When the ticket-issuing authority noticed the burqas, he retrieved the tickets. Following this, an argument reportedly broke out and the person is alleged to have said: “This is a tourist place. If non-Hindus are not allowed, you should put up banners. Should I get some banners for you from my money?”

More devotees joined the argument, pursuant to which a board indicating that non-Hindus are barred beyond a point was erected.

However, the board was removed within a few hours by the temple authorities themselves. Subsequently, the petitioner filed a representation with the temple administration, seeking the restoration of the board. The issue ultimately reached the Madras HC.

What did the government authorities say?

They argued that devotees from across the world visit the temple, and not only Hindus but many non-Hindus also worship Lord Muruga. Hence, installing such a board would hurt their sentiments. Furthermore, it was argued that barring non-Hindus who believe in the Lord from entering the temple would violate the rights enshrined in the Constitution of India.

They also contended that since non-Hindus are not permitted inside the temple, there was no reason to file the plea. According to the authorities, the plea could have been filed only if they were permitted.

The authorities also requested the court not to pass a common order applying to all temples in Tamil Nadu, but restrict it just to Palani temple.

What did the court hold?

The court held that while there are rights to profess and practise one’s own religion, the customs and practice of any religion cannot be interfered with and any interference ought to be curtailed.

“A temple is not a picnic or tourist spot. Even in Arulmighu Brahadeeswarar Temple, Thanjavur, people from the other religious faith are allowed to admire and appreciate the architectural monuments of the temple, but only till the Kodimaram.”

The court noted that non-Hindus cannot be allowed inside the temple but if they profess faith, an exemption can be granted.

The court held that since the issue raised pertained to temples in the state, it should be made applicable to all the temples in the state and not just to the Palani temple.