Preventing Dalits from entering temple on caste grounds amounts to untouchability: Madras High Court

The Madras High Court has held that preventing a person belonging to a Scheduled Caste from entering a temple on casteist grounds amounts to the practice of untouchability and violates the fundamental right guaranteed under Article 17 of the Constitution [Sundaram Vs District Collector]..Justice D Bharatha Chakravarthy said that no person can be denied entry into a temple or prevented from participating in a temple festival on the basis of caste."If any person prevents another person from entering the temple on casteist grounds, particularly if a person belonging to a Scheduled Caste is prevented from entering the temple, such an act would amount to the practice of untouchability and would constitute a violation of the fundamental right guaranteed under Article 17 of the Constitution of India,” the Court said.The Court added that a person responsible for such an act would be liable to be prosecuted in accordance with law..The observations came in a petition filed by V Sundaram seeking equal representation for members of the Milagu Kattan Adidravidar Community in the Arulmigu Muthu Mariamman Temple chariot festival at Ramanayakkanpalayam in Salem district.Sundaram sought directions to the district authorities to ensure that members of the community were permitted to participate in the festival on an equal footing with other sections. He also sought directions against certain private respondents from preventing their participation.During the hearing, the Tamil Nadu government informed the Court that a peace committee meeting had already been held and that everyone had been permitted to participate in the festival irrespective of caste or creed.The government said that while participation in the festival was open to everybody, disputes concerning “Karaikarargal rights” were to be taken before the civil court. It consequently argued that the petition had become infructuous.However, the Senior Counsel appearing for Sundaram urged the Court to ensure that members of the community would not face similar exclusion in future festivals..The Court noted that the Tamil Nadu Temple Entry Authorisation Act, 1947 makes it clear that a person cannot be restrained from entering a temple on the basis of caste.“This Court has also repeatedly passed orders that on the basis of a non existing thing called ‘caste’ nobody can be prevented entry or participation in the temple festival,” the judge noted..The State also assured the Court that there would be no discrimination in participation in future years. The Court clarified that disputes over the right to conduct the festival or its administration could be pursued before the competent authority under the Hindu Religious and Charitable Endowments framework or before the appropriate civil court.In light of the fact that the festival was already underway and participation of all communities had been ensured, the Court closed the petition..Senior Advocate S Hajanazirudeen instructed by advocate M Rajendiran appeared for the petitioner..Special Government Pleader Inthu Karunakaran appeared for the revenue authorities. Government Advocate Durai Gunasekaran represented the police authorities. Advocate G Mohammed Aseef appeared for the private respondents..[Read Judgment]