Court Dismisses Petition Challenging Entry of Christian Priests into Adoor Sree Parthasarathy Temple
In a landmark judgment, the Kerala High Court has dismissed a petition challenging the entry of two Christian priests into the Adoor Sree Parthasarathy Temple, stating that such entry, when expressly permitted by the Thanthri of the temple as guests or invitees, does not violate the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965, or the rules framed thereunder. The court ruled that the entry was ceremonial and authorized by the temple's spiritual custodian, thereby not infringing upon the established rites, usages, or customs governing the temple.
The case arose from a writ petition filed by Sri. Sanil Narayanan Nampoothiri, a devotee of the temple, who argued that the presence of non-Hindu priests violated statutory provisions and disrupted the sanctity of the temple. The petitioner sought action against temple authorities and the Travancore Devaswom Board for allowing such entry.
In response, the Travancore Devaswom Board clarified that the priests were invited to inaugurate a function and entered the temple premises with the Thanthri's permission. The board contended that the entry did not violate any rituals or rites of the temple.
The court, presided by Justice Raja Vijayaraghavan V. and Justice K. V. Jayakumar, emphasized that the legal framework should evolve with societal changes and promote inclusivity, mutual respect, and social harmony. The judgment noted that the rules prohibiting non-Hindu entry into temples are inconsistent with the parent Act, which does not impose such restrictions. It urged the government to reconsider, amend, or modify Rule 3(a) to align with legislative intent and constitutional principles.
The court acknowledged the assistance of Amici Curiae, who argued that restrictions under Rule 3(a) were not essential religious practices and suggested that the entry of non-Hindus should be permitted based on the customs and practices of individual temples.
Ultimately, the court concluded that the entry of the Christian priests, as permitted by the Thanthri, was lawful and dismissed the petition, reiterating that the legal framework should act as a unifying force in advancing constitutional values.
Bottom Line:
Entry of non-Hindus into Hindu temples - Entry of non-Hindus into Hindu temples, when expressly permitted by the Thanthri of the temple in the capacity of a guest or invitee, is not violative of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965 and the Rules framed thereunder.
Statutory provision(s): Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965; Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965
Sanil Narayanan Nampoothiri v. State of Kerala, (Kerala)(DB) : Law Finder Doc id # 2850268
