An allegation that a local temple had barred access to a man belonging to a Scheduled Caste (SC) recently led the Madras High Court to comment that such acts, where one community was preventing another from worshipping, "should make us hang our heads in shame."
Justice PT Asha said it was unfortunate that marginalised communities were being prevented from "offering prayers to God, who belongs to all", even 75 years after the country secured independence, and despite the Constitution of India guaranteeing equality of status irrespective of one's faith, caste affiliations, etc.
"Seventy five years after the country has secured Independence from the Colonial Rule and after constituent assembly had been given to its country men a sovereign, socialist, secular democratic republic, securing to its citizens, Justice, social economic and political; Liberty of thought, expression, belief, faith and worship, Equality of status and opportunity to all and fraternity assuring the dignity of an individual and the unity and integrity of this nation, instances as set out in the case on hand should make each of us hang our heads in shame," the Court said.
The Court was hearing a petition filed by one, M Mathi Murugan, who alleged that he was denied access to a temple in Pudukkottai district.
He had urged the Court to appoint an Executive Officer to ensure his right to worship in the Arulmighu Shri Mangala Nayaki Amman Temple.
The Court was told that a few persons "claiming to be superior to the members of the petitioner community only by reason of their birth into a particular community" was preventing the petitioner and the members of his community from worshipping in the said temple.
This was despite all villagers having arrived at a settlement through a peace committee meeting, wherein it was decided that villagers belonging to the SC community too will have access to the temple, to offer prayers, and participate in the temple festivals "without any hindrance."
The Court proceeded to direct that all concerned parties must adhere to this peace committee decision.
"This Court cannot be a mute spectator and permit perpetuation of the practice of untouchability. Therefore, this Writ Petition is disposed of giving direction to the second respondent to ensure compliance of the decision arrived at in the Peace Committee Meeting held on 13.12.2021 between the two parties," the Court said.
The District Collector was ordered to ensure that the petitioner and his community were allowed to worship at the temple like everyone else.
"It is no doubt true that there is no legal force to the Peace Committee Meeting, but having participated in the same, they are bound by the decision taken therein," the Court added.
The Revenue Divisional Officer of the area was ordered to step in and take necessary action if any problem arises.
Advocate S Rajasekar appeared for the petitioner. Special Government Pleader P Subbaraj appeared for the respondent district authorities. Advocate M Anbarasan appeared for the respondent Temple authorities.
[Read Order]