Court cannot be a mute spectator and permit perpetuation of untouchability, says Madras High Court

Judge directed Pudukottai collector to ensure the petitioner and his community are permitted to worship at the temple like everyone else.

Published Jul 11, 2023 | 3:59 PMUpdated Jul 11, 2023 | 4:03 PM

Temple entry Tamil nadu

The prevailing untouchability that prevents Dalits from entering temples should make “each of us hang our heads in shame”, the Madurai Bench of the Madras Court has observed.

Justice PT Asha made the observation while passing an order on a petition filed by M Mathi Murugan, a resident of Mangalanadu North Village in Aranthangi Taluk.

Murugan brought to the court’s notice that his community members were not allowed to worship at the Shri Mangala Nayaki Amman Temple. He requested the court to appoint an executive officer to the temple.

“Seventy-five years after the country has secured Independence from colonial rule and after the Constituent Assembly had been given to its countrymen a sovereign, socialist, secular, democratic, republic, securing to its citizens, justice, social economic and political; liberty of thought, expression, belief, faith, and worship, equality of status and opportunity to all and fraternity assuring the dignity of an individual and the unity and integrity of this nation, instances, as set out in the case on hand, should make each of us hang our heads in shame,” the court said.

Related: Officials unseal temple after caste Hindus agree to ‘let Dalits in’

God is for all

The judge expressed pain that the country has assured liberty vis-a-vis religion and equality of status, but persons like the petitioner, who belong to the marginalised section, were prevented from offering prayers to God, “who belongs to all of us”.

“A few persons claiming to be superior to the members of the petitioner community only by reason of their birth into a particular community are seeking to prevent the petitioner and the members of his community from worshipping in the said temple.

“This court cannot be a mute spectator and permit the perpetuation of the practice of untouchability,” the judge said.

Justice Asha further directed the Pudukottai district collector to ensure that the petitioner and his community are permitted to worship at the temple like everyone else.

Also read: Government seals Melpathi’s Dharmaraja Draupadi Amman temple

Directs police to act

Since the act of the members of the dominant caste was an affront to the very social fibre guaranteed by the Constitution and an attempt on their part to create a law and order problem by disturbing public peace, the court directed the police to deal with it strongly.

“If necessary and taking into account the ground situation, and if there is a disturbance to public order, the police authorities are at liberty to invoke the provisions of Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest-Offender, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum-Grabbers and Video Pirates Act, 1982 against any person indulging in the above activity,” the court ordered.

Also read: After an eight-decade wait, Dalits enter a temple at Thenmudiyanur

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