Kerala High Court declines to interfere with temple ritual after noting media report on ritual was incorrect

The Kerala High Court on Wednesday declined to interfere with the ritual of "Panthrandu Namaskaram' performed at the Sree Poornathrayeesa Temple, Thrippunithara, in which the temple tantri washes the feet of 12 priests..A Division Bench of Justices Anil K Narendran and PG Ajithkumar had initiated the suo motu case based on a news report which appeared in Malayalam daily Kerala Kaumudi which alleged that devotees at the temple are made to wash the feet of twelve brahmins as atonement for their sins.However, the Court found from the affidavits filed by the respondents including the Cochin Devaswom Board under which the temple functions, that the ritual is actually performed by the temple tantri and other priests and does not involve devotees as was alleged in the news report."As part of 'Panthrandu Namskaram' in Sree Poornathrayeesa Temple, the devotees are not made to wash the feet of 12 Brahmins, as atonement of sins, as stated in the news report that appeared in Kerala Kaumudi daily dated February 4, 2022," the judgement stated.Thus, the Court held that going by the judgement of the Supreme Court in Sarika v Shri Mahakaleshwar Mandir Committee, it cannot interfere in the ritual that has been performed from time immemorial. ."In the instant case 'Panthandu Namskaram' in Sree Poornathrayeesa Temple at Thripunithura is a ritual performed in that Temple from time immemorial. The said fact is evident from the relevant extract of the remedial measures suggested in 'Ashtamangala Prasnam' conducted in the year 1999, a portion of which has already been extracted hereinbefore at paragraph 17. The said ritual is one performed by the thanthri of the temple, who washes the feet of 12 priests," the Court said in its judgment..The Court went on to hold that Section 73A of the Travancore–Cochin Hindu Religious Institutions Act, 1950 imposes a duty on the Devaswom Board to preserve religious rites of a temple and as such, even its decision to change the name of the ritual to "Samaradhana" is legally unsustainable. "As held by the Apex Court in Sarika, there is a constitutional obligation to preserve the religious practices of all religions and there is also a corresponding duty to act in that direction. The religious practices and pujas are required to be performed in accordance with the ancient rituals and practices and it is not for Cochin Devaswom Board or the 1st respondent State to interfere with such practices. In that view of the matter, we find that even the decision taken by the Cochin Devaswom Board, as reflected in Annexure R2(B), to change the name of the ritual as 'Samaradhana' is legally unsustainable," the judgment stated. .The Court also made some observations regarding the role of the media in the functioning of any democracy, especially to provide accurate information which facilitates active debate by its citizens."The impact of media is far-reaching as it reaches not only the people physically but also influences them mentally. It creates opinions, broadcasts different points of view, brings to the fore wrongs and lapses of the Government and all other governing bodies and is an important tool in restraining corruption and other ill-effects of society," the Court noted.Further, the Court remarked that it is the duty and responsibility of the media, be it electronic or print, to ensure that they are not providing the public with information that is factually wrong or based on unverified information."The role of people in a democracy and that of active debate is essential for the functioning of a vibrant democracy. With this immense power, comes the burden of responsibility. With the huge amount of information that they process, it is the responsibility of the media to ensure that they are not providing the public with information that is factually wrong, biased or simply unverified information," the Bench said..After the Court initiated the suo motu case on the basis of the news report which said that it was devotees who are made to wash the feet of 12 brahmins as atonement for their sins, the Cochin Devaswom Board had disputed the information in the news report and clarified that it is the tantri who washes the feet of other priests.It was also pointed out that Section 73A of the Travancore–Cochin Hindu Religious Institutions Act, 1950 says that it shall be the duty of the Board to see that the regular traditional rites according to the practice prevalent in the religious institution are performed promptly..The Court relied on the several decision of the Supreme Court, especially that in Sarika v. Shri Mahakaleshwar Mandir Committee, in which it was observed that it is not within the jurisdiction of the Court to dictate or prescribe or restrain the religious practices and pujas to be performed in the temple. Upon consideration of this judgment as well as the provisions of the Travancore–Cochin Hindu Religious Institutions Act, 1950, the Court deemed it fit to not interfere in the ritual of "Panthrandu Namaskaram"..[Read Judgment]

Kerala High Court declines to interfere with temple ritual after noting media report on ritual was incorrect

Giti Pratap

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