Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 6]

Giri: my right to worship under article 25 is intrinsically connected to that. there is no question of going to a temple to find out what are the characteristics-I know that, its a part of my right I believe in the deity whereever I go. Either its a Church or Mosque, i believe in the concept. If I don't go there, my entry is not protected under Article 25(1).

Giri: I have a right to practice my religion under Article 25, and therefore, when I go to a public place of worship- therefore I can't lack in the belief and still want to go to the place of worship for the purpose of worship.

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Giri: this is my submissions-right under Article 25(1)(a) will have to be exercised in consonance with and not in antagonism to essential characteristics and essential practices of the religion. Article 25(1) of the constitution provides for the right to practice, and propagates ones religion. Hindu and a believer in idol worship would therefore seek to go to a temple in affirmation of his right to practice a religion as a fundamental right- for him its an act of devotion, its an act of worship.

Therefore, when a devotee goes to a temple for worship, it can't be in antagonism to the characteristics of a deity because its for the purpose of worshipping the deity. The devotee subjugates himself(surrender) to the divine spirit contained in the deity. He/She has to accept the essential characteristics of the deity.

For example, he can't go to the shiva temple and say-i am a believer of god, I believe in idol worship, I believe in Lord Shiva, I also believe in Lord Vishnu. But I would like to see the ceremonies performed in a certain Shivavite temple to be performed here.

Giri: continues to read Seshammal judgment.

Giri: "That is a situation which every devotee or worshipper looks upon with horror. Pollution or defilement may take place in variety of ways. According to the Agarnas, an image becomes defiled if there is any departure or violation of any of the rules relating to worship. In fact, purificatory ceremonies have to be performed for restoring the sanctity of the shrine . Worshippers lay great, store by the rituals and whatever other people, not of the faith, may think about these rituals and ceremonies, they are a part of the Hindu Religious faith and cannot be dismissed as either irrational or superstitious."

Giri: "Where the temple was constructed as per directions of the Agamas the idol had to be consecrated in accordance with an elaborate and complicated ritual accompanied by chanting of mantras and devotional songs appropriate to the deity. On the consecration of the image in the temple the Hindu worshippers believe that the Divine Spirit has descended into the image and from then on the image of deity is fit to be worshipped. Rules with regard to daily and periodical worship have been laid down for securing the continuance of the Divine Spirit. The rituals have a two-fold object.

One is to attract the lay worshipper to participate in the worship carried on by the priest or Archaka. It is believed that when a congregation of worshippers participates in the worship a particular attitude of aspiration and devotion is developed and confers great spiritual benefit. The second object is to preserve the image from pollution, defilement or desecration. It is part of the religious belief of a Hindu worshipper that when the image is polluted or defiled the Divine Spirit in the image diminishes or even vanishes."

Giri: "With the establishment of temples and the institution of Archakas, treatises on rituals were compiled and they are known as 'Agamas'. The authority of these Agamas is recognised in several decided cases and by this Court in Sri Venkataramana Devaru v. The State of Mysore. Agamas are described in the last case as treatises of ceremonial law dealing with such matters as the construction of temples, installation of idols therein and conduct of the worship of the deity.

There are 28 Aganias relating to the Saiva temples, the important of them being the Kamikagama, the Karanagama and the Suprabedagama. The Vaishnavas also had their own Agamas. Their principal Agamas were the Vikhanasa and the Pancharatra. The Agamas contain elaborate rules as to how the temple is to be constructed, where the principal deity is to be consecrated, and where the other Devatas are to be installed and where the several classes of worshippers are to stand and worship."

Giri: "With the construction of temples the institution of Archakas also came into existence, the Archakas being professional men who made their livelihood by attending on the images. Just when the cult of worship of Siva and Vishnu started and developed into two distinct cults is very difficult to say, but theme can be no doubt that in the times of the Mahabharata these cults were separately developed and there was keen rivalary between them to such an extent that the Mahabharata and some of the Puranas endeavoured to inculcate a spirit of synthesis by impressing that there was no difference between the two deities."

Giri: the rituals are always associated with the concept of the deity. For example, the rituals and ceremonies followed in a shaivite temple are different from those followed in a vaishnavite temple. In this light, it was held in the Seshammal judgment: "The temples with which we are concerned are public religious institutions established in olden times. Some of them are Saivite temples and the others are Vaishnavite temples, which means, that in these temples God Shiva and Vishnu in their several manifestations are Worshipped. The image of Shiva is worshipped by his worshippers who are called Saivites and the image of Vishnu is worshipped by his worshippers who are known as Vaishnavites. The institution of temple worship has an ancient history and, according to Dr. Kane, temples of deities had existed even in the 4th or 5th century B.C."