The Kerala High Court dismissed a writ petition that challenged the entry of Christian priests into a Hindu temple, holding that such permissive entry, allowed by the temple’s chief priest, did not violate statutory provisions and that legal rules cannot be interpreted or applied in a manner that promotes religious disharmony. The petition arose from an incident at the Adoor Sree Parthasarathy Temple, where two Christian priests were permitted to enter the temple premises during a religious event. The entry was expressly allowed by the thantri, or chief priest, who exercises traditional authority over ritual and ceremonial matters within the temple. The petitioner, a devotee, alleged that the presence of Christian priests inside the temple was contrary to the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act and the rules framed under it, particularly those which were interpreted as barring the entry of non-Hindus into Hindu places of worship.
The Division Bench examined the factual context of the entry and noted that the Christian priests did not enter the temple asserting any legal or statutory right to worship. Instead, their presence was purely permissive, based on an invitation and explicit authorisation granted by the thantri. The Court drew a clear distinction between an entry claimed as a matter of right under law and an entry permitted by temple authorities as part of an event or ceremonial interaction. It held that the latter could not be equated with a violation of statutory provisions governing temple entry. According to the Court, the permissive nature of the entry was crucial in determining that no illegality had occurred.
In analysing the statutory framework, the High Court observed that the parent legislation governing entry into Hindu places of public worship does not itself contain an express prohibition against the entry of non-Hindus. The restriction relied upon by the petitioner was found only in a subordinate rule framed under the Act. The Court emphasised that subordinate legislation must operate within the limits of the authority conferred by the parent statute and cannot introduce substantive prohibitions that are not contemplated by the Act itself. Where a rule appears to go beyond the scope of the statute, it must be interpreted cautiously and harmoniously, keeping in mind the object and purpose of the legislation.
The Bench noted that the purpose of the Act is to regulate and authorise entry into Hindu places of public worship in a manner consistent with constitutional values and social realities. It held that rules framed under such legislation cannot be used as tools to create friction or hostility between different religious communities. The Court stressed that laws and rules must be interpreted in a way that promotes social harmony, mutual respect, and peaceful coexistence, rather than rigidly applied to generate discord. It observed that legal provisions should evolve with changing societal conditions and should not be frozen in interpretations that may no longer serve the broader interests of society.
The High Court also took note of the stand taken by the temple authorities, including the Temple Advisory Committee and the Travancore Devaswom Board, who stated that the entry of the Christian priests had been permitted by the thantri and that no ritual, custom, or religious practice of the temple had been violated as a result. The Court accepted these representations and observed that matters of ritual and ceremonial propriety within temples are traditionally governed by religious authorities, and courts should exercise restraint in interfering with such decisions unless there is a clear violation of law.
While declining to strike down the subordinate rule that refers to restrictions on non-Hindu entry, the Court observed that the apparent inconsistency between the rule and the parent Act is a matter that deserves consideration by the Government. It noted that it would be appropriate for the Government to review the rule in consultation with stakeholders such as temple authorities, scholars, and administrators, to ensure that it aligns with the statute and constitutional principles. However, the Court refrained from issuing any mandatory directions in this regard, limiting itself to the facts of the case before it.
Ultimately, the High Court concluded that the challenge raised by the petitioner was unsustainable in law. It held that the permissive entry of Christian priests into the temple, authorised by the thantri and not claimed as a legal right, did not violate any statutory provision. The Court reiterated that legal rules must not be interpreted mechanically in a manner that undermines social cohesion and that the role of law is to act as a unifying force in a plural society. On these grounds, the writ petition was dismissed, and the actions of the temple authorities in permitting the entry were upheld as lawful.
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