Right To Worship Is A Civil Right Subject To Restrictions Imposed By Temple's Managing Committee: Kerala High Court

The Kerala High Court recently directed the Guruvayur Devaswom Managing Committee to ensure that any entry restrictions imposed into the Nalambalam of Guruvayur Sree Krishna Temple are strictly complied with and are not flouted by any individual, including its members, Administrators or former officers.

The Division Bench of Justice Anil K. Narendran and Justice P.G Ajithkumar also ruled that a worshipper was bound to exercise their right to worship subject to the traditions and restrictions in place. 

"Right to worship is a civil right, of course in an accustomed manner and subject to the practise and tradition in each temple. 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 practise and tradition in Guruvayur Sree Krishna Temple. He is duty-bound to obey the restrictions, if any, imposed by the Managing Committee."

The Court was adjudicating upon a suo moto case registered after a former administrator of the Managing Committee and two of its members entered the Nalambalam in 2021 violating the decision imposing absolute restrictions on the entry of devotees into the premises for Vishukani darshan. The current Administrator had initially lodged a complaint about the incident to the Station House Officer which was later withdrawn. Therefore, no further action was taken in the matter.

The Court observed that it is the duty of the Committee to arrange for the proper performance of the rites and ceremonies in the temple and to provide facilities for the proper performance of worship by the worshippers. Therefore, it was held that when entry restrictions are imposed based on the decision taken by the Managing Committee, its members, the Administrator or hereditary employees cannot flout such restrictions and they are bound to obey any such restrictions.

The Court also expressed its displeasure over the fact that no security staff in the temple had prevented them from entering the Nalambalam. This implied that the entry restrictions imposed by the Managing Committee were being flouted openly in the presence of the security staff in the temple and that they could not control it effectively. 

Hence, it was found that the Managing Committee had committed a grave irregularity by not taking any action against them. The Committee's decision to withdraw the complaint made by the Administrator was never brought to the notice of the Court though it was reported to the Registrar General. The Bench strongly deprecated this conduct of the Managing Committee which failed to discharge its statutory duties.

The Court had also enquired about the action taken against the entry of actor Mohanlal's vehicle into the premises through the northern gate in 2021 allegedly in the presence of three members of the Managing Committee. This incident had ignited controversy on social media. 

It was found that restricted vehicle entry is permitted through southern and northern gates. From the statements of the security personnel, it was discerned that a class of worshippers are permitted to bring their vehicles up to Bhagavathy Temple, through the Nadapathal, with the active support of the Members of the Managing Committee or the Administrator. 

The Bench opined that Nadapanthal is not intended for the movement of worshippers in vehicles since it will cause inconvenience to other worshippers and that such practice should be suspended instantly:

"Restricted entry of vehicles through the northern gate, causing least inconvenience to the worshippers moving through the Nadapathal, can be permitted for disabled persons or aged persons with restricted movement. Similarly, restricted movement of vehicles for the supply of articles to the temple for offerings .. can also be permitted. In addition to this, the movement of ambulance through Nadapanthal, in case of emergency, can also be permitted. However, the practise of permitting a class of worshippers to bring their vehicles upto Bhagavathy Temple, through the Nadapathal, with the active support of the members of the Managing Committee or the Administrator, has to be stopped with immediate effect."

As such, the matter was disposed of. 

Case Title: Suo Motu v. The Managing Committee & Ors. 

Citation: 2022 LiveLaw (Ker) 309

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