Caste Cannot Override Faith | Denial Of Temple Entry To Scheduled Castes Is An Affront To Dignity: Madras High Court
Safiya Malik
The High Court of Madras Single Bench of Justice N. Anand Venkatesh directed that Scheduled Caste community members must be allowed access to a temple and be permitted to participate in ritual festivities without obstruction. The Court ordered the relevant state authorities to ensure that the community's right to worship and festival participation is protected in accordance with the law. Additionally, the Bench mandated that the temple and festival proceedings be overseen in such a way that prevents any disruption to public order.
The matter originated through a writ petition filed under Article 226 of the Constitution of India, invoking the jurisdiction of the High Court of Madras. The petitioner, Venkatesan, sought the issuance of a writ of mandamus, compelling the respondents to allow him and members of his community to enter and worship at the Arulmigu Puthukudi Ayyanar Temple located in Ariyalur District. The petition also requested that they be permitted to participate in the temple car festival scheduled from 16.07.2025 to 31.07.2025.
The respondents included the District Collector of Ariyalur, the Superintendent of Police, a Personal Assistant (Grievances) to the Collector, the Revenue Divisional Officer, the Assistant Commissioner of the HR&CE Department, the Inspector of Police of Jayankondam Police Station, and an individual named Samikannu.
The petition alleged that the petitioner and his community, identified as belonging to the Scheduled Caste, were being prevented from entering the temple and participating in ritual activities and festivals held therein. The petitioner asserted that such prohibition violated fundamental rights under the Constitution and statutory protections provided by the Tamil Nadu Temple Entry Authorisation Act, 1947.
The prayer in the writ petition was limited to securing access and the right to worship at the temple, including participation in the scheduled temple car festival. The writ specifically requested the Court to direct Respondents 1 (District Collector), 4 (Revenue Divisional Officer), and 5 (Assistant Commissioner, HR&CE) to ensure these rights were upheld.
The matter was presented before the Hon'ble Justice N. Anand Venkatesh on 17.07.2025. The counsels on record included Mr. Deepika S. for the petitioner, Mr. T.M. Rajangam representing Respondents 1, 3, and 4, Mr. N.R.R. Arun Natarajan for Respondent 5, and Mr. V. Meganathan appearing for Respondent 5 on the criminal side.
During the hearing, the learned Special Government Pleader made a submission clarifying that the temple in question was not under the administrative control of the Hindu Religious and Charitable Endowments (HR&CE) Department. This submission was noted by the Court in its order, but it did not influence the final directive of the Court.
The petitioner submitted that the temple, though not under HR&CE control, permitted entry to the general public. This assertion formed the basis of the argument that the temple functioned as a public temple and was therefore subject to the statutory provisions safeguarding temple entry rights for all Hindus.
The petition further relied on Section 3 of the Tamil Nadu Temple Entry Authorisation Act, 1947, to assert that any restriction placed on Scheduled Caste members from accessing temples constituted an offence under the statute and was thus an actionable wrong.
No additional documentary evidence was discussed in the judgment. The Court confined its examination to the pleadings made in the writ and the statutory position under the Tamil Nadu Temple Entry Authorisation Act, 1947.
The petitioner did not seek damages or punitive action against the private respondent or public authorities. The relief sought was entirely prospective and preventive in nature, aimed at ensuring equal access to religious institutions.
The High Court noted that the grievance of the petitioner was focused on participation in the temple festival from 16.07.2025 to 31.07.2025. As such, the matter was taken up urgently to ensure the petition did not become infructuous owing to the lapse of the festival period.
After hearing the arguments of the counsels, the Court proceeded to examine the statutory framework and the legal position on the right to temple entry and worship, leading to its final judgment.
Justice N. Anand Venkatesh stated that "in the considered view of this Court, if a temple is permitted to be visited by the general public, it assumes the character of a public temple." The Court further recorded that "in such an event, irrespective of the caste or community of the devotees, they must be permitted to offer their prayers to god."
The Court expressed its firm position on caste-based discrimination by observing: "Caste and community are the creations of human beings and god is always considered to be neutral." It then added that "preventing persons from offering prayers on the basis that they belong to Scheduled Caste community, is an affront to the dignity of persons who are discriminated based on their caste. This can never be permitted in a country, which is governed by the Rule of law."
Referring to statutory protections, the Court cited Section 3 of the Tamil Nadu Temple Entry Authorisation Act, 1947, stating: "Section 3 of the Tamil Nadu Temple Entry Authorisation Act, 1947, makes it abundantly clear that notwithstanding any law, custom or usage to the contrary, every Hindu irrespective of the caste or sect to which he belongs to, shall be entitled to enter any Hindu temple and offer worship therein."
The judgment went further to highlight the legal consequences of discrimination, stating: "If they are restricted entry, it will amount to an actionable wrong/offence and the concerned person can be sued or prosecuted there for."
The Court acknowledged the socio-legal history behind the legislation: "This act came into force after a long struggle by many leaders, who wanted to ensure that persons are not prevented from entering into the temples based on their caste."
It added: "The Act was brought into force as a policy taken by the State Government to remove the disabilities imposed on certain classes of Hindus against entry into Hindu temples in the State."
In view of the observations made, the Court issued a set of directions, specifying that "there shall be a direction to the respondents 2 and 4 to ensure that all classes of Hindus are permitted to enter into the temple and participate in the festival."
The Court further ordered that "if any one prevents them from participating, action shall be taken in accordance with law."
To maintain public peace and enforce the judgment, the Court instructed: "It shall be ensured that no law-and-order problem is created."
The writ petition was thereby disposed of with the above directions. The Court also ordered: "No costs. Consequently, the connected miscellaneous petitions are closed."
Advocates Representing the Parties
For the Petitioner: Ms. Deepika S, Advocate
For the Respondents: Mr. T.M. Rajangam, Government Advocate; Mr. N.R.R. Arun Natarajan, Special Government Pleader; Mr. V. Meganathan, Government Advocate (Criminal Side)
Case Title: Venkatesan v. District Collector & Ors.
Case Number: WP No. 26255 of 2025
Bench: Justice N. Anand Venkatesh
