God Does Not Recognize Any Community, Temple Shall Not Be A Place For Perpetuating Communal Separation Leading To Discrimination: Madras HC

The Bench of Justice M. M. Sundresh and Justice S. Ananthi observed thus while dismissing a plea that sought the conduct of a peace meeting between 3 communities over organizing a temple festival of the Sri Eraniamman Thirukovil.

The Counsel appearing for the Temple submitted before the Court that a peace committee meeting was actually conducted for this year, but no consonance had arrived. Thereafter, the Temple had decided to conduct the function by itself.

To this, while declining to interfere in the matter, the Court left it to the discretion of the eighth respondent [The Joint Commissioner/Executive Officer, Arulmigu Jambukeswar Akilandeswari Thirukovil, Thiruvanaikovil, Trichy] to conduct the festival.

Notably, the Bench observed,

"The classification among men has got no place in the aboard of God. If such activities are permitted, it will strike against the very spirit of the Constitution."

Significantly, the Court also remarked

"We are constrained to note that a Temple shall not be a place for perpetuating communal separation leading to discrimination. On the other hand, it should facilitate all those persons having common faith to come and worship."

Observing that a Temple is a place of religious worship and it is based upon faith, the bench lastly said,

"When people go to the Temple out of faith, there cannot be any difference based upon color or creed. In the case on hand, there is a difference among the persons belonging to three communities. God does not recognize any community. It only recognizes a human being, who goes there to pray."

Thus the writ petition stood dismissed.

In related news, the Punjab & Haryana High Court in October 2020 had observed that - "India is a country, which is inhabited by various people belonging to various religions, races, castes and creeds. All people live in harmony. Mostly, people show respect for each others' religious feelings but on some occasions, some mischievous persons try to create tension by hurting religious sentiments of others."

Also, the Madras High Court (Madurai bench) recently dismissed a petition seeking to direct the State Government to issue an order declaring Lord Muruga a Tamil God, saying it "would cause damage to the very fibre of the federal and secular nature of this great Nation".

"The preamble of the Constitution emphasizes on the secular nature of the Country", the Court said in the order passed on February 4.

"The petitioner may have a justifiable reason to treat Lord Muruga as the Lord of the Tamil Language. It is for him to do so. However, as a State such a request is not feasible for consideration", the High Court observed.

"The preamble of the Constitution emphasizes on the secular nature of the Country. Seeking a declaration, as sought for, would cause damage to the very fibre of the federal and secular nature of this great Nation. The petitioner may have a justifiable reason to treat Lord Murugaas the Lord of the Tamil Language. It is for him to do so. However, as a State such a request is not feasible for consideration".

Case title - M.Padmanaban v. The District Collector, Trichy District [W.P.(MD)No.2606 of 2021]

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