Document Fragment View

Matching Fragments

11. The next contention of the petitioner is that the Tamil Nadu Temple Entry Authorisation Act, 1947 was enacted with an object to authorize entry in the Hindu Temples in the State of Tamil Nadu and the offer worship by all classes of Hindus and this Act is enacted only for the Hindus and non-Hindus cannot be permitted. To consider this plea, the definition of “temple” under HR&CE Act and the definition of “temple” under the Temple Entry Act is nec- essary. Under HR&CE Act the definition of ‘temple’ is as under:

“Section 2 (20) “temple” means a place by whatever designation known, used as a place of public religious worship and dedicated to, or for the benefit of, or used as of right by, the Hindu community or of any section thereof, as a place of public religious worship;” Under Temple Entry Act the definition is as under:
“Section 2(1) ‘Temple’ means a place, by whatever name known which is dedicated to, or for the benefit of, or used as of right by the Hindu Community or any section thereof as a place of public religious worship, and includes subsidiary shrines and mandapams attached to such place.” https://www.mhc.tn.gov.in/judis The Temple Entry Act has extended definition wherein the subsidiary shrines and mandapams are included, but both categorically states it is right of the Hindu Community.

14. At the cost of repetition, in the Temple Entry Act under section 3 it has been stated “Right of all classes of Hindus to enter and offer worship in temples”. Hence, the Temple Entry Act speaks about Hindus rights to enter temple. While enacting the Rules, under Rule 3(a) it is specifically stated that a non-Hindus are not permitted to enter temple. The Temple Entry Act and Rules makes it abundantly clear that all classes of Hindus are allowed and non- Hindus are not allowed. Likewise, under section 10 HR&CE Act, the Commissioners, Joint Commissioners etc., shall be a person professing the Hindu Religion and shall cease to hold office as such when he ceases to profess that religion. Under section 24 of HR&CE Act states non-Hindus are not https://www.mhc.tn.gov.in/judis permitted to entry the temple. In short both the HR&CE Act and the Temple Entry Act allows all Hindus to entry the temple and also states non-Hindus are not allowed inside the temples. In such circumstances the respondents are bound to implement the Act and Rules in letter and spirit.

“13. The doctrine of exclusion no doubt has suffered various inroads due again to the march of law and advanced socialistic principles at one time based on base sanctimoniousness. Our Constitution itself has abolished untouchability in all forms. Even prior to the induction of Article 17 in our Constitution, our law makers, particularly, in the State of Tamil Nadu, removed certain caste disabilities amongst certain classes of Hindus by enacting the Malabar Temple Entry Act and the present Temple Entry Act Prior to these enactments a social evil pervaded the Hindu community which excluded certain classes of Hindus from enjoying certain privileges which included the rights of entry of such depressed classes into the temple. This ban was removed https://www.mhc.tn.gov.in/judis by legislation. But it is to be noted that the ban was lifted in so far as it affected a part of the Hindu Community and not non-Hindus. It is in this light that the observations of the Supreme Court in AIR 1954 SC 282 at p. 292 become relevant. There the Supreme Court was considering the vires of Section 21 of the Madras Hindu Religious and Charitable Endowments Act (Act 19 of 1951). That section empowered the Commissioner and his subordinate officers and also persons authorised by them to enter the premises of any religious institution or place of worship for the purpose of exercising any power conferred or any duty imposed by or under the Act.