Faith can’t be fenced by caste and divinity can’t be confined by human prejudice: Madras HC

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Madras High Court. File

Madras High Court. File | Photo Credit: K. Pichumani

Observing that religion cannot beryllium fenced by caste oregon creed and divinity cannot beryllium confined by quality prejudice, the Madras High Court has ordered a temple car to beryllium drawn done Scheduled Caste (SC) habitations too, astatine Puthagaram colony successful Kancheepuram district.

Justice P.B. Balaji refused to judge the statement made connected behalf of a conception of caste Hindus that determination was nary necessity to deviate from the temple car route, being followed for decades, and abruptly gully the car done a caller route.

“We, arsenic a society, person evolved implicit clip and person adapted to respective changes and therefore, to defy alteration citing settled custom, tradition, and signifier tin ne'er beryllium a valid defence disposable to the backstage respondents,” the justice wrote, portion allowing a writ petition.

The petition had been filed by section nonmigratory A. Selvaraj, done his counsel S. Kumarasamy, seeking a absorption to licence Scheduled Caste radical to participate the Muthu Kolakki Amman Temple for worship, and besides to gully the temple car done their habitations successful the village.

S. Anandan of Tamil Nadu Untouchability Eradication Front excessively filed an impleading petition successful the case, done his counsel R. Thirumoorthy, and supported the contention of the writ petitioner that determination was so a large magnitude of favoritism against Scheduled Caste persons successful the village.

On the directions of the court, the Collector conducted a tract inspection, on with gross arsenic good arsenic constabulary officials, and filed a study stating that the temple car could beryllium taken done the Scheduled Caste habitations excessively aft carrying retired insignificant roadworthy repairs connected the projected route.

However, a elder counsel, representing immoderate of the caste Hindu leaders successful the village, questioned the necessity for changing the way being followed for decades and claimed that immoderate alteration would unfastened the floodgates for galore others to marque akin requests successful the future.

Not successful statement with specified a submission, Justice Balaji wrote: “I spot nary crushed wherefore the backstage respondents should beryllium disquieted astir aboriginal and nonexistent claims arsenic connected date,” erstwhile the authoritative respondents had opined that the temple car could beryllium taken to the Scheduled Caste habitations too.

‘God does not discriminate’

“God does not reside successful definite streets alone. No thoroughfare is unworthy of the chariot oregon the God it carries. God ne'er discriminates. So, favoritism cannot beryllium wrapped successful the sanctity of tradition,” the justice wrote and directed the constabulary to guarantee a peaceful tally of the car done the caller route.

On the different ailment of Scheduled Caste persons not being allowed to participate the temple for worship, the justice said: “The Constitution of India, nether Article 17, abolished untouchability. Such abolition was not conscionable successful carnal signifier but successful existent missive and spirit. Therefore, nary tin dictate presumption arsenic to who is entitled to basal earlier the deity and worship and who cannot.”

He recorded the submission of the official, arsenic good arsenic backstage respondents, that determination was nary caste-based favoritism arsenic acold arsenic the introduction into the temple for worship was acrophobic and that everyone would beryllium entitled to worship the deity. He besides directed authoritative respondents to guarantee that determination was nary discrimination.

Published - November 08, 2025 03:41 p.m. IST

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