While abstaining from issuing any general direction, the Madras High Court has noted that Devotees are expected to adhere to the dress code before entering temple.
The Division Bench comprising of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy observed that the court cannot 'thrust' opinions on the society but being a place of customary practice, temples themselves can fix visible sign boards to ensure that dress code is followed and can take regulatory measures to that effect.
The writ-petitioner has submitted that as per the provisions of the Hindu Religious and Charitable Endowments Act, 1959 only a Hindu can enter the temple. But, in the absence of dress code, even persons of other religion are making entry into the temple. The prescription of dress code is necessary to maintain the sanctity of the temple. Therefore, a general direction be given to the respondents to put a sign boards in the temples requiring the dress code to be followed. The petitioner, appearing in person, has produced certain photographs to show that in the absence of dress code, the people are entering into the temple in different dresses.
On the other hand, Learned AG submitted that sign boards are put in place in those temples, where the dress code is stipulated. A general direction as prayed for by the petitioner may not be issued. In the absence of dress code of a particular temple, putting up of sign board prescribing the dress code cannot be issued. He relied on MRINALINI PADHI vs. UNION OF INDIA, 2019 Latest Caselaw 1055 SC
High Court Analysis
The Court mentioned that as per Rules under the Tamil Nadu Temple Entry Authorisation Act, 1947, no person shall enter into any temple premises unless he has had a bath and wears cloths of such materials and in such manner as is customary in such temple. No person shall enter a temple with any footwear.
It thus noted that it is the duty of a person who intends to enter the temple premises to wear cloths as is customary in such temple. Section 4 of the Tamil Nadu Temple Entry Authorisation Act, 1947 empowers the Trustee or the authority incharge of the temple, subject to control of the State Government to make regulations for maintenance of order and decorum in temple, the Court added.
It thus observed:
"When a mechanism has been provided under the aforesaid provisions to maintain order and decorum, we find no reason to accept the prayer of the petitioner seeking a particular dress code to be followed, as suggested by him in the writ petition, the basis whereof is not known."
The Court therefore suggested that visible sign boards may be fixed by those temples which have prescribed the dress code based on customary practice as it cannot issue as writ of mandamus for the same purpose.
Read Order Here:
Share this Document :Picture Source :
