Madras HC bars non-Hindus from Tamil Nadu temples’ sanctum areas

Justice Srimathy, addressing these concerns, said temples are not tourist attractions but sacred spaces deserving reverence. She ordered the installation of boards at temple entrances, stating the restriction on non-Hindu entry beyond the kodimaram.

This measure is intended to uphold the sanctity of Hindu temples and respect the religious sentiments of the Hindu community.

In situations where a non-Hindu wishes to enter a temple, the court said, they are required to submit an undertaking declaring their belief in the deity and their commitment to follow Hindu customs. This declaration must be recorded in a register maintained by the temple authorities.

The court’s decision, while ensuring the sanctity of Hindu temples, also leaves room for non-Hindu devotees who respect and wish to follow Hindu traditions.

The Tamil Nadu government, representing a secular viewpoint, had argued that prohibiting entry to non-Hindus who believe in the deity could hurt their religious sentiments and contravene their constitutional rights. However, the court countered that the state’s concern for the sentiments of non-Hindus overshadowed the need to protect Hindu religious practices.

Extending beyond the specific case of the Palani temple, Justice Srimathy’s ruling applies to all Hindu temples in Tamil Nadu.

She rationalised that the directive was necessary to maintain communal harmony and societal peace. The court’s decision reflects an effort to balance the preservation of Hindu religious practices and temple sanctity with the accommodation of non-Hindu devotees who adhere to Hindu traditions.

In her order, she issued a number of instructions including displaying boards stating “Non-Hindus are not allowed inside temple after Kodimaram,” at temples, restrict entry for non-Hindus who do not believe in Hinduism, non-Hindus desiring to visit a deity must provide an undertaking of faith and compliance with Hindu customs, records of such undertakings should be maintained in a register by the temple, and temples are required to follow traditional rituals and practices (agamas) strictly.

The court order, placing a conditional restriction on the entry of non-Hindus into temples, was also in the wake of a number of instances mentioned in the petition such as non-Hindus purchasing tickets at the Winch Station in Pazhani to reach the temple hilltop. In one such incident, the petition said when the ticket issuing authority at the temple had to question the evident attire of non-Hindus, and refused to issue tickets, a man in the group arguing with the employees that “this is a tourist place” and cited that there were no boards to restrict non-Hindus.

The petition also mentioned an instance of a group of non-Hindus who were found consuming non-vegetarian food inside the Brihadeeswara Temple premises in Thanjavur. The court order also had raised critical remarks against Tamil Nadu’s Hindu religious and charitable endowments department for not taking appropriate steps to prevent such incidents.