Caste-based temple entry denial amounts to untouchability: Madras High Court

CHENNAI: The Madras High Court observed that preventing a Scheduled Caste person from entering a temple on caste grounds would amount to practising untouchability and violate a fundamental right guaranteed under the Constitution.

V Sundaram of Salem had approached the Madras High Court seeking a direction to the District Collector to ensure equal representation for the Milagu Kattan Adi Dravidar community in the Arulmigu Muthu Mariamman Temple Chariot Festival scheduled for August 27.

When the matter came up for hearing before Justice D Bharatha Chakravarthy, the special government pleader submitted that a peace committee meeting had already been held and that everyone had been permitted to participate in the festival without any reference to caste or creed. She further submitted that the festival was already underway and, therefore, the prayer in the writ petition had become infructuous.

In reply, Sundaram’s counsel submitted that though members of his community were permitted to participate this year, steps should be taken to ensure that they are allowed to participate in the future too, and that such a situation does not recur. Accepting the government’s submission, the court closed the plea.

The High Court observed that the Tamil Nadu Temple Entry Authorisation Act, 1947 clearly prohibits restricting anyone from entering a temple or participating in a festival on the basis of caste. It also noted that the Court has repeatedly held that no one can be denied such rights based on caste.

The court also observed that preventing a Scheduled Caste person from entering a temple on caste grounds amounts to practising untouchability and violates the fundamental right guaranteed under Article 17 of the Constitution. The person responsible for such an act would be liable for prosecution under law.