'We Are A Secular Country; There Is An Effort To Divide The Country By Religion' : Madras HC CJ

Update: 2022-02-10 07:33 GMT
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While hearing a public interest litigation before Madras High Court to mandate the customary dress code for entry inside temple complexes, Chief Justice Munishwar Nath Bhandari expressed anguish at the divisive narratives in the name of religion.Reminding that our country is secular, the Chief Justice cautioned that there is an effort to divide the country by religion." What is of...

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While hearing a public interest litigation before Madras High Court to mandate the customary dress code for entry inside temple complexes, Chief Justice Munishwar Nath Bhandari expressed anguish at the divisive narratives in the name of religion.

Reminding that our country is secular, the Chief Justice cautioned that there is an effort to divide the country by religion.

" What is of paramount importance? Country or religion? It is really shocking to see that somebody is for Hijab, some others are for dhotis inside temples. Is this one country or is it divided by religion?", the Chief Justice asked.

The petitioner, Mr. Rangarajan Narasimhan, filed two PILs to prevent the entry of non-Hindus to the temple complexes and to prescribe the customary dress code as mandatory for allowing entry into temples. Both petitions came up before the first bench comprising Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy.

While hearing the petitioner in person, the Chief Justice also observed as follows:

" We are a secular country. There is an effort to divide the country by religion. The talk must not be restricted to fundamental rights alone, it's also important to talk about what the citizens could give back to the country and their fundamental duties."

The petitioner in person took a firm stand that the temples in Tamil Nadu should put up a signboard indicating the mandatory dress code for entry into temples. He also remarked that people should not be allowed to enter temples wearing Christian or Muslim dresses. He submitted that the scriptures of Agama Sastras adequately determine the custom of temples.
After hearing Rangarajan, the bench observed that the temples in Tamil Nadu do not insist on a particular dress code, unlike the Sree Padmanabha Swamy Temple in Thiruvananthapuram. The Court also enquired if there had been any instances where people entered temples wearing indecent dresses.

"The Rules provide that if a temple has a custom, it can be followed. But the petitioner has not shown anything to that effect", the bench added.

Advocate General R. Shunmugasundaram also pointed out that a single-judge bench order has imposed some restrictions on the dresses that can be worn inside temples. The Division Bench reversed this decision as outside the scope of the writ petition filed. Advocate General also added that every temple has its own custom- like not allowing non-Hindus to go beyond the flag post of the temple or certain other areas. Advocate General added that devotees are not allowed entry in some South Indian Temples if they wear shirts. He was referring to the instance of Sree Padmanabha Swamy Temple.

Rangarajan Narasimhan responded that he can produce the text of Agama Sastras if a short accommodation is given. Accordingly, the Court asked the registry to list the matter after ten days.

On the second writ petition seeking to restrict the entry of non-Hindus in temples, the bench granted the Advocate General two weeks to file a counter on behalf of the HR & CE Department. The petitioner argued that the entry of non-Hindus into temples for 'sight-seeing' violated the sanctity of temple premises.

Case Title: Rangarajan Narasimhan v. Additional Chief Secretay To Government & Ors.

Case No: WP/1981/2022 (PIL)


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