Widow Can't Be Stopped From Entering Temple; Woman's Identity Not Dependent On Marital Status : Madras High Court
The Madras High Court has strongly criticized the practice of stopping a widow from entering temples and said it can never continue in a civilized society governed by rule of law. “It is quite unfortunate that the archaic beliefs that if a widow enters a temple it will cause impurity continues to prevail in this State. Even though the reformers are attempting to break all...
The Madras High Court has strongly criticized the practice of stopping a widow from entering temples and said it can never continue in a civilized society governed by rule of law.
“It is quite unfortunate that the archaic beliefs that if a widow enters a temple it will cause impurity continues to prevail in this State. Even though the reformers are attempting to break all these senseless beliefs, it continues to be practiced in some villages. These are the dogmas and the rules framed by man to suit his convenience and it actually demeans a woman just because she has lost her husband,” the court said.
Justice Anand Venkatesh further observed that a woman, by herself, has a status and an identity that "that cannot in any way come down or be taken away depending upon her marital status."
“All this can never continue in a civilized society, which is governed by rule of law. If any such attempt is made by anyone to stop a widow from entering the temple, action must be taken against them in accordance with law. A woman, by herself, has a status and identity and that cannot in any way come down or be taken away depending upon her martial status,” the court said.
The court was hearing a plea by a woman, Thangamani, seeking police protection to enter the Periyakaruparayan temple in Erode District and participate in the temple festival taking place on August 9 and August 10.
Thangamani submitted that her husband, who used to be Poojari at the temple died on August 28, 2017. She further informed the court that when she, along with her son, wanted to participate in the temple festival and offer worship, some individuals threatened her stating that she can not enter the temple being a widow.
The court observed that these respondents do not have any right to stop the petitioner and her son from attending the festival and worshipping God.
"In the light of the above discussion, there shall be a direction to the fourth respondent police to call the respondents 5 and 6 and clearly inform them that they cannot stop the petitioner and her son from entering the temple and attending the festival. If, in spite of the same, if the respondents 5 and 6 attempt to create a law and order problem, action shall be taken against them immediately. The fourth respondent shall ensure that the petitioner and her son participate in the festival both on 09.08.2023 and 10.08.2023," said the court.
Case Title: Thangamani v The Collector, Erode District
Citation: 2023 LiveLaw (Mad) 218
Counsel for the Petitioner: Mr.V.Elangovan
Counsel for the Respondents: Mr.A.Damodaran Additional Public Prosecutor