Chennai, Sept 3:
The Madras High Court has observed that preventing a Scheduled Caste person from entering a temple or participating in a festival on caste grounds amounts to practising untouchability and violates a fundamental right guaranteed under the Constitution.
The observation was made by Justice D Bharatha Chakravarthy while disposing of a petition filed by V Sundaram of Salem. Sundaram had approached the court seeking directions to the District Collector to ensure equal participation for members of the Milagu Kattan Adi Dravidar community in the Arulmigu Muthu Mariamman Temple chariot festival.
The festival was scheduled to be held on August 27.
During the hearing, the special government pleader informed the court that a peace committee meeting had already been convened and that members of all communities had been permitted to participate in the festival without discrimination on the basis of caste or creed.
The government also submitted that the festival was already under way and, therefore, the prayer made in the writ petition had become infructuous.
However, counsel for Sundaram told the court that although members of the community had been allowed to participate in the festival this year, safeguards were necessary to ensure that they would be permitted to do so in future as well.
The High Court took note of the assurance given by the government and closed the petition.
While doing so, the court underlined the legal protection available to people against caste-based exclusion from places of worship.
It pointed out that the Tamil Nadu Temple Entry Authorisation Act, 1947 clearly prohibits restrictions on entry into temples or participation in temple festivals on the basis of caste.
The court further noted that it had repeatedly held that no person could be denied the right to enter a temple or participate in a religious festival because of caste.
Significantly, the court said that preventing a Scheduled Caste person from entering a temple on caste grounds would amount to practising untouchability and would violate Article 17 of the Constitution, which abolishes untouchability.
The court also warned that a person responsible for such an act could face prosecution under the law.
The ruling reiterates that equality in access to places of worship is not merely a matter of administrative discretion but is protected by constitutional and statutory safeguards.