In a significant judgement, the Madras High Court recently said that no caste can claim ownership of a temple, which could be worshipped, managed, and administered by all devotees, reported LiveLaw.
It also said that administering a temple by a particular caste is not a religious practice that could be protected under Article 25 and Article 26 of the Constitution.
The court made these observations while hearing a plea by petitioner C Ganesan to direct the Assistant Commissioner, Hindu Religious and Charitable Endowment Department to separate Arulmighu Ponkaliamman Temple from the group of Temples consisting of Arulmighu Mariamman, Angalamman and Perumal Temples and Arulmighu Ponkaliamman Temple within a time limit fixed by it.
The court observed that only a group following a particular philosophy or having a distinct way of carrying their father could be called a denomination.
The caste itself was not a religious denomination and when no religious denomination or essential religious practice was involved, no protection could be granted under Articles 25 and 26 of the Constitution, it added.
The court also added that the exceptions under Articles 25 and 26 should always be tested within the secular fabric and should stand the scrutiny of the Constitutional goal.
“When no religious denomination or essential practice of religion is involved, the protection does not extend. Thus, the claim that only a particular caste owns a temple or the caste members alone can be Trustees of the temple in general does not come within the exceptions carved out and under the Fundamental Rights guaranteed under Article 25 and 26 and as such, should be tested within the secular fabric and thus, cannot stand scrutiny of the Constitutional goal, and public policy, that is against perpetuation of caste,” the court said.
“The temple is a public temple and, as such, can be worshipped, managed, and administered by all devotees. Even a social group identifying itself by the name of the caste may have a particular way of worship and will be entitled to their customary rights regarding that manner of worship. Caste, in itself, is not a religious denomination.
"Believers in caste discrimination try to disguise their hatred and inequality under the guise of 'religious denomination,' viewing temples as fertile ground for nurturing these divisive instincts and creating social unrest,” the court noted.
