Can Non-Hindu be denied Entry in Temple? Madras High Court – Judiciary Exam – Free PDF

Can Non-Hindu be denied Entry in Temple?

C.Soman vs The Secretary, Hindu Religious and Charitable Endowment Department

• Writ Petition filed under Article 226 of the Constitution – to issue a writ of mandamus directing the respondents not to permit the Non-Hindus to enter the temple premises during Kumbabishegam festival in the Arulmighu Adikesava Perumal Thirukovil at Thiruvattar.

25 Freedom of conscience and free profession, practice and propagation of religion

• (1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.
• (2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law— (a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
• (b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.

26 Freedom to manage religious affairs.—

• Subject to public order, morality and health, every religious denomination or any section thereof shall have the right—
• (a) to establish and maintain institutions for religious and charitable purposes;
• (b) to manage its own affairs in matters of religion;
• (c) to own and acquire movable and immovable property; and
• (d) to administer such property in accordance with law.
• when a public festival like the Kumababishegam of a temple is performed, it will be impossible for the authorities to check the religious identity of every devotee for the purpose of permitting his entry into the temple
• if a person belonging to another religion, has faith in a particular Hindu deity, that cannot be prevented nor can his entry into a temple be prohibited.
• It is common knowledge that the devotional songs of Dr.K.J.Yesudas, a Christian by birth, rendered on various Hindu Gods are played without any demur in temples.
• In fact, in Nagore Dargah and Vailankanni Church, scores of Hindus worship.
• 
• Therefore, this Court refrains from taking a very parochial view and instead, prefers to approach the issue from a broader perspective.
• In the result, this writ petition is dismissed as being devoid of merits.

In Sayyad Jani Basha v. Dr. G. Vani Mohan 

• “we direct that none of the tenants/shop holders shall be excluded from participating in the auction or from the grant of leases solely on the ground of their religion”

Sabarimala Temple Entry case

• In September 2018, a 5-Judge Bench of the Supreme Court with 4:1 majority held that the temple’s practice of excluding women is unconstitutional. 

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