Introduction:

In a significant ruling, the Madras High Court has directed the state government to display boards restricting entry of non-Hindus beyond the flag pole at the entrance of the Palani temple. Justice S Srimathy, while emphasizing that temples are not covered under Article 15 of the Constitution, emphasized the need for maintaining temples as per Agamas, customs, and practices. The court’s decision came in response to a plea by D Senthilkumar, organizer of Palani Hill Temple Devotees Organization, seeking to permit only Hindus on the temple premises.

Arguments of Both Sides:

Senthilkumar’s plea arose from non-Hindus purchasing tickets to the Hilltop temple and insisting on entry, arguing that the hilltop was a tourist spot. The court ordered status quo ante, directing the restoration of removed display boards. Authorities argued that Palani temple is worshipped by non-Hindus who believe in the deity, asserting the duty of the State to protect citizens’ rights under Article 25. They contended that the Temple Entry Authorisation Act, 1947, only covers the sanctum sanctorum, not areas outside the temple.

Court’s Judgement:

Justice Srimathy clarified that Article 15 does not cover temples and emphasized temples’ sacred nature, discouraging their use as tourist spots. The court upheld the interim relief, considering the removal of display boards during the temple festival. It rejected the argument that allowing non-Hindus who respect Hindu customs wouldn’t hurt sentiments, asserting that such entry would disturb the religious harmony among Hindus. The court ordered authorities to obtain an undertaking from non-Hindus adhering to customs and practices, entering details in a temple register.