'No Special Treatment Be Given For Temple Entries', Says Supreme Court While Declining To Entertain PIL Against 'VIP Darshans'

The Supreme Court today (January 31) refused to entertain a plea challenging the 'VIP' Darshan facility across temples in India. While the Court refused to issue any directions under Article 32, it observed that such 'special treatment' in temples was arbitrary. However, the Court chose to leave it open for the government authorities to look into the issue. The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar was hearing a writ petition seeking the abolition of VIP darshan fees charged by temples across the country.During the hearing, the Counsel for the petitioner stressed the need for states to come up with some kind of 'Standard Operation Procedure' for availing darshans in famous temples of the states. He added that giving special treatment to a few was arbitrary and violative of the equality principle. Because of the lack of any SOPs in place, incidents of stampede also occur. He argued : "Today, 12 jyotirlingas, all shaktipeeths are following this kind of practice, it is completely arbitrary, discriminatory. Home Ministry itself is asking the State of Andhra Pradesh to look into it my lords. Let the state frame some kind of SOPs ....parliamentary replies say 60% of the tourism in the country is religious tourism, this becomes one of the biggest causes of stampede my lords," the lawyer submitted. The CJI interject to point that the issue seems to be of law and order and the plea should have been on that aspect. "Please make a specific prayer with regard to the specific issue," he said. He further explained that while the bench agrees with the point raised that preferential treatment for darshans is arbitrary, the Court cannot issue directions under Article 32 and it was a policy matter for the Union's consideration. The bench in its order recorded : " While we may be of the opinion that no special treatment be given with regards to the entry to temples, we do not think it is a fit case to exercise jurisdiction under Article 32. We clarify that that dismissal of the petition will not in any way bar the appropriate authorities from taking action as they require." What Was The Petition About ? The plea contends that the practice of providing special or expedited 'darshan' in Temples under the additional 'VIP' darshan fees is violative of the quality principle under Article 14 and 21 as it discriminates against those devotees who cannot afford such fees.The petition states that the charging of excess fees ranging from Rs. 400-500 to get closer and efficient access to the temple deities lacks consideration towards those ordinary devotees who face multiple physical and financial obstacles and are unable to pay for such 'VIP Entry Charges'. Amongst the disadvantaged devotees, women, persons with disabilities and senior citizens face a larger set back.Notably, the petitioner highlights that despite several representations to the Ministry of Home Affairs to resolve the issue, only a limited directive has been given to state of Andhra Pradesh, leaving out other states like Uttarakhand, Uttar Pradesh and Madhya Pradesh.The petition seeks (1) declaration of abolition of the VIP Darshan Fees as violative of right to equality and religious freedom ; (2) direction for equal treatment of all devotees; (3) framing of Standard Operating Procedures (SOPs) by Union to ensure equal access to temple; (4) constitution of a National Board to oversee issues regarding management of templesCase Details : VIJAY KISHOR GOSWAMI Versus UNION OF INDIA AND ORS.| W.P.(C) No. 700/2024Click Here To Read/Download Order

'No Special Treatment Be Given For Temple Entries', Says Supreme Court While Declining To Entertain PIL Against 'VIP Darshans'

Anmol Kaur Bawa

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