God does not discriminate, no room for caste discrimination in temples: Madras High Court

There is no room for caste-based discrimination in places of worship, the Madras High Court recently said while addressing allegations that non-Brahmin devotees were being treated differently at the Arulmigu Devaraja Swamy Temple in Kanchipuram [Madhavan Vs Commissioner HR&CE].

A Bench of Justices G Jayachandran and E Manoharan emphasised that religious traditions cannot be used to discriminate against devotees.

“In the eyes of God, all living beings are equal and God does not discriminate. Having said that it is to be noted that the Hon’ble Courts have also held that there is no room for discrimination in a place of worship,” the Court said.

The Bench also referred to a verse from the Bhagavad Gita stating that God is equally disposed towards all living beings and is neither partial to nor hateful of anyone.

The Court made the observation while dealing with a public interest litigation (PIL) petition filed by Madhavan Ramanuja Dasan, a Thenkalai Vaishnavite and secretary of the Thirukatchi Nambi Thirumaladiar Seva Sangam.

Dasan alleged discrimination against non-Brahmin devotees at the temple, particularly at the shrine of Sri Manavala Mamunigal.

According to the petitioner, the shrine had a main entrance and a side entrance. While Brahmin devotees were permitted to use the main entrance, non-Brahmin devotees were allegedly directed to enter through the side entrance.

It was further alleged that non-Brahmin devotees were made to stand outside the shrine to receive theertham (consecrated water) and prasadam (sanctified food or offerings) and that satari (a ritual object often placed on the devotee's head) was not placed on them. The petitioner also claimed that they were not permitted to recite hymns in all the temple’s shrines.

The Hindu Religious and Charitable Endowments (HR&CE) Department denied the allegations. It said the sub-shrines were too small to accommodate all devotees during religious services. Even members of the Adhyapaka Goshti and other service holders could not always be accommodated inside, the Court was told.

The temple administration assured the Court that it would not discriminate against any section of devotees in the distribution of theertham, satari and prasadam. The Bench took this statement on record as an undertaking.

On the recital of hymns, the administration said that only the Adhyapaka Mirasi (a Thenkalai Sect) held a statutorily protected right to recite hymns during Sathumarai and Seva Kalams (specific temple service periods). This service also carried remuneration and preferential temple honours.

However, the administration clarified that this traditional right did not prevent other devotees from reciting the Nalayira Divya Prabandham (hymns) as part of their worship.

The Court recorded the administration's statement that neither the petitioner nor any other person or group would be prevented from reciting the Prabandham at the temple’s shrines.

It noted that under such an arrangement, the traditional rights attached to the Adhyapaka Mirasi could be preserved while other devotees are also given an opportunity to recite hymns.

“In this way, there is no discrimination occurring by following any tradition,” the Court said.

With these observations, the Court proceeded to close the petition.

Advocates S Shanmugasundaram and S Senthilnathan represented the petitioner.

Special Government Pleader R Bharanidharan appeared for the HR&CE authorities and the temple administration.

Senior Advocate Hema Sampath, instructed by Advocate R Meenal, represented two impleaded respondents.

[Read Judgment]