Once it is understood that the idol housed in a temple is to be treated as a living person, closure of the temple without customary pujas will amount to its imprisonment, observed the Madurai Bench of the Madras High Court, while ordering the opening of the Sri Muthalamman, Sri Mariamman temple situated in Uthapuram village in Peraiyur taluk in Madurai district. It had remained closed for 10 years.
Justice G.R. Swaminathan observed that an idol is considered as a juristic personality in law. This is understood as enabling the idol to hold property and to sue and be sued in its name. Time has come to expand the scope of this concept. No temple can be locked and sealed on the grounds of law and order. Any temple is an abode of deity, the court observed.
The court was hearing a petition filed by G. Pandi who had sought a direction to forbear the authorities from stopping the Vellalar (Pillaimar) Uravinmurai to open the Sri Muthalamman, Sri Mariamman temple situated in Uthapuram village and consequently grant permission to conduct daily pujas and celebrate festivals.
Shot to notoriety
The court observed that Uthapuram village shot to notoriety in 2010. A dispute arose between the Pillaimar community members and the Pallar community members over what came to be known as ‘Untouchability wall’. Writ petitions were filed and eventually disposed of in terms of the agreement arrived at between the parties. The administration was with the Pillaimar community people and the Pallar community people were allowed to worship the deity. Following the disposal of the writ petitions, Kumbhabhishekam (consecration ceremony / renovation) was performed for the village temple. It appears that in April 2014, persons belonging to the Scheduled Caste wanted to introduce new forms of worship and once again disputes arose. A case was registered and the temple remained closed for the last 10 years.
The court observed that the temple is a public temple. The HR and CE Department has not assumed supervisory jurisdiction over it. It is beyond dispute that it has been traditionally managed by persons belonging to the Pillaimar community. However, the temple is open to worship by persons of all communities. Persons irrespective of caste can offer their worship and participate in the annual festivals.
The question is whether a temple can be closed by citing public order. So long as there is no practice of untouchability or offending the rights of others, a temple cannot be closed or shut down indefinitely. This is as much the right of a devotee to offer worship as well as the right of the deity to observance of the customary rituals. The court has to exercise parens patriae jurisdiction when the interest of minors, the mentally ill and idols are at stake. It is the duty of the court to uphold the right of the parties to perform the daily dharmic rituals, the court observed.
If persons cause obstruction in the discharge of this duty, the administration cannot remain a mute spectator. It has to actively intervene in favour of the right holders. It must remove the obstruction. An easy way would be to close down the temple. But exercise of such an option would be illegal and unconstitutional, the court said.
The authorities claimed that the temple was closed by the Pillaimar community members on their own. They had not passed any closure order and did not lock the temple. “I do not buy this theory. It is the Pillaimar community that is before me. Their prayer is that they should not be prevented from opening the temple. If they have on their own volition locked the temple, why would they seek this prayer? They can simply open the temple. It is because of their apprehension that the respondents may adversely react, the present writ petition has been filed,” the court observed.
The current condition of the temple is truly pathetic. The temple shall be opened forthwith. It shall be kept open for worship during the usual hours. The parties shall adhere to the agreement. The fundamental right of the petitioner and other villagers guaranteed under the Constitution to visit the temple and take part in the worship of the deity shall not be taken away for any reason. If law and order issues arise, the jurisdictional police will register an FIR and prosecute the offenders, the court directed.
