Court Can't Be A Mute Spectator & Permit Perpetuation Of Untouchability: Madras High Court On Denial Of Temple Entry To SC Community Members

“A few persons claiming to be superior to the members of the petitioner community only by reason of their birth into a particular community is seeking to prevent the petitioner and the members of his community from worshipping in the said temple. This Court cannot be a mute spectator and permit the perpetuation of the practice of untouchability,” the court observed.

Justice PT Asha of the Madurai bench said such instances of denial of entry to the temple even after 75 years of independence should make us hang our heads in shame.

“Seventy five years after the country has secured Independence from the Colonial Rule and after constituent assembly had been given to its country men a sovereign, socialist, secular democratic republic, securing to its citizens, Justice, social economic and political; Liberty of thought, expression, belief, faith and worship, Equality of status and opportunity to all and fraternity assuring the dignity of an individual and the unity and integrity of this nation, instances as set out in the case on hand should make each of us hang our heads in shame,” the court said.

The court was hearing a plea filed by Mathi Murugan, seeking to appoint an Executive Officer in the Arulmighu Shri Mangala Nayaki Amman Temple and to permit him and his community members to participate in the festivities of the temple.

The court noted that the villagers have now arrived at a decision in the Peace Committee Meeting. 

“The persons who have been arrayed as the 'B' party and who are obstructing the entry of the petitioner community into the temple are represented by counsel. It is made clear that they shall adhere to the decision of the Peace Committee Meeting. It is no doubt true that there is no legal force to the Peace Committee Meeting, but having participated in the same, they are bound by the decision taken therein,” the court said.

It directed the Pudukottai District Collector to ensure that Murugan and people from his community are permitted to worship in the temple like everyone else. The court also directed the Revenue Divisional Officer to step in and take necessary action in case of any problem.

"In this country, which has assured liberty vis-a-vis religion and equality of status, persons like the petitioner who belong to the marginalised society are prevented from even offering prayers to the God almighty who belongs to all of us," said the court.

The court added that if necessary, considering the ground situation and disturbance to public order, the police authorities would be at liberty to invoke the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest-Offender, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum-Grabbers and Video Pirates Act, 1982.

Case Title: M Mathi Murugan v The Hindu Religious Charitable Endowment Department and others

Citation: 2023 LiveLaw (Mad) 194

Counsel for the Petitioner: Mr.S.Rajasekar

Counsel for the Respondent: Mr.P.Subbaraj Special Government Pleader, Mr.M.Anbarasan