Kerala High Court Bans Videography By Vloggers In Guruvayur Sree Krishna Temple's Courtyard, Except Marriage And Other Religious Rites
Tellmy Jolly
18 Sep 2024 5:12 AM GMT
The Kerala High Court has directed the Guruvayur Devaswom Managing Committee and its Administrator to prohibit videography by vloggers in the Nadapanthal (outer courtyard) of the Guruvayur Sree Krishna Temple located in Guruvayur.
In doing so the high court clarified that videography is only allowed in connection with marriage functions and other religious ceremonies, and is otherwise not permitted in the Nadapanthal.
The division bench of Justice Anil K Narendran and Justice P G Ajithkumar observed that videography by vloggers in the nadapanthal and other interior places of the Temple cannot be permitted, adding that the temple is a special security zone.
“we deem it appropriate to direct the 2nd respondent Guruvayur Devaswom Managing Committee and the additional 5th respondent Administrator to take necessary steps to ensure that videography other than that in connection with marriage functions and other religious ceremonies are not permitted in the Nadapanthal of Guruvayur Sree Krishna Temple. The videography by vloggers, by following celebrities, shall not be permitted in the Nadapanthal. Guruvayur Sree Krishna Temple is a Special Security Zone notified invoking the provisions under Section 83(1) of the Kerala Police Act, 2011. The videography of the interior places of the temple, especially through the eastern 'Deepastambham' cannot be permitted. It is for the Managing Committee to ensure, through the security wing of Guruvayur Devaswom, that no activity causing any disturbance to the devotees, which includes children of tender age, senior citizen and persons with disabilities, takes place in the Nadapanthal of Guruvayur Sree Krishna Temple," the bench said.
The Court also said that if required, the temple's Administrator shall also avail police assistance.
The Court passed the order in a plea moved by the devotees of Lord Guruvayurappan of Guruvayur Sree Krishna Temple. They had approached the Court to prevent the entry of non-Hindus, including a Muslim woman in Guruvayoor Temple and its premises including its Nadapanthal. The petitioners had also submitted a "video" showing the woman allegedly "picking up a quarrel with the devotees, who were waiting for darshan" in the temple courtyard. The order notes that the video showed the woman "celebrating her birthday by cutting a cake in the Nadapanthal".
The petitioners alleged that she had violated provisions of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965 and Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965 by entering temple premises and videographing.
Perusing through the provisions of the The Guruvayur Devaswom Act, 1978 the high court noted that it is the duty of the temple's managing committee, "subject to the custom and usage in the temple", to arrange for "proper performance of the rites and ceremonies in the temple". The high court further noted that the Managing Committee is duty bound to "scrupulously follow" the stipulations contained in the 1978 Act.
"Unless a contrary intention, either expressly or by necessary implication, arises from the provisions of the statute in any particular subject or context, Guruvayur Devaswom Managing Committee is legally bound to administer and manage the Devaswom and its properties in accordance with the settled legal principles relating to the administration of Hindu Religious Trusts. The Committee, being the trustee in the management of Devaswom properties, is legally bound to perform its duties with utmost, care and caution," the order notes.
Referring to the court's decision in Suo Motu v Guruvayur Devaswom Managing Committee and others (2022), the Court said that the Act does not define a worshipper; however Oxford Dictionary defines the term as "person who shows reverence and adoration towards the deity".
It thereafter said, "A 'worshipper', who shows reverence and adoration for Lord Guruvayurappan, is duty bound to exercise his right to worship in an accustomed manner and subject to the practice and tradition in Guruvayur Sree Krishna Temple practice and tradition in Guruvayur Sree Krishna Temple".
The high court said that the temple's managing committee is "duty bound" to provide facilities in the temple for the "proper performance of worship of Lord Guruvayurappan, by the worshippers".
It further said, “Every devotee has a right to exercise his right of worship in Guruvayur Sree Krishna Temple in an accustomed manner and subject to the practice and tradition of that temple. No person can be permitted to pick up a quarrel with the devotees in the Nadapanthal, as seen from the video. Similarly, the Nadapanthal of a temple is not a place for cutting Birthday Cake.”
Issuing notice to the woman, the high court listed the matter on October 18.
The plea has been moved by Advocates R Krishna Raj, R Pratheesh (Aranmula), E S Soni, Sreeraja V, Laxmi Priyaa N
Case Number: WP(C) NO. 31313 OF 2024
Case Title: P P Venugopal v State of Kerala and Others
