LawFinder.news
LawFinder.news

Madras High Court Affirms Right of Scheduled Castes to Temple Entry and Festival Participation, Declares Caste-Based Exclusion Illegal

LAW FINDER NEWS NETWORK |
Madras High Court Affirms Right of Scheduled Castes to Temple Entry and Festival Participation, Declares Caste-Based Exclusion Illegal

Court directs authorities to ensure equal representation of Milagu Kattan Adidravidar community in Arulmigu Muthu Mariamman Temple festival, reiterates prohibition of untouchability under Article 17 and Tamil Nadu Temple Entry Authorisation Act, 1947


In a significant ruling delivered on August 28, 2026, the Madras High Court, presided over by Justice D. Bharatha Chakravarthy, unequivocally condemned caste-based discrimination in temple entry and festival participation, reinforcing constitutional protections against untouchability. The judgment arose from a writ petition filed by V. Sundaram seeking a mandamus directing the District Collector and other official respondents to ensure that members of the Milagu Kattan Adidravidar community were provided equal representation and participation rights in the upcoming Arulmigu Muthu Mariamman Temple Chariot Festival scheduled for August 27, 2026.


The petitioner contended that despite formal assurances, members of the Scheduled Caste community were being excluded from participation in the temple festival on caste grounds. The respondents, represented by the Special Government Pleader, informed the court that a peace committee had been constituted which allowed all persons, irrespective of caste or creed, to participate in the festival. The respondents also submitted that disputes regarding festival rights and temple administration would be resolved through appropriate civil remedies.


Justice Bharatha Chakravarthy, after examining submissions and the legal framework, reiterated that the Tamil Nadu Temple Entry Authorisation Act, 1947 clearly prohibits exclusion from temple entry or participation on caste grounds. The Court emphasized that such caste-based exclusion particularly against Scheduled Castes amounts to the practice of untouchability, a violation of Article 17 of the Constitution of India, which abolishes "untouchability" and forbids its practice in any form.


The Court observed: "If any person prevents another person from entering the temple on casteist grounds, it would constitute a violation of fundamental rights and would be punishable under law." The Court also recorded that the festival was going on with participation from all communities this year and that the respondents had assured non-discrimination in future festivals.


Regarding disputes over rights to conduct the festival or temple administration, the Court directed that aggrieved parties could seek relief either before the Joint Commissioner under Section 63 of the Hindu Religious Charitable and Endowments Act, 1859, or through appropriate civil courts, thereby maintaining the rule of law and procedural clarity.


The writ petition was disposed of with a clear mandate that caste-based discrimination in temple entry and festival participation would not be tolerated and that the authorities have a duty to ensure compliance with constitutional and statutory provisions. The Court's order serves as a strong reminder that social practices violating constitutional norms must be eradicated, and equal rights in religious participation must be upheld.


This judgment reinforces the legal protections available to Scheduled Castes and other marginalized communities against caste-based discrimination and untouchability, strengthening the rule of law and social justice in Tamil Nadu.


Bottom Line:

Temple Entry - Discrimination on the basis of caste is prohibited under the Tamil Nadu Temple Entry Authorisation Act, 1947, and such discrimination violates Article 17 of the Constitution of India. Preventing Scheduled Caste persons from entering a temple or participating in a festival amounts to practicing untouchability and is liable for prosecution.


Statutory provision(s):

Article 17, Constitution of India, 1950; Tamil Nadu Temple Entry Authorisation Act, 1947; Hindu Religious Charitable and Endowments Act, 1859 Section 63


V. Sundaram v. District Collector, (Madras) : Law Finder Doc Id # 2971963

Share this article: