Temples (Hindu) and the law: India
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Tamil Nadu
Appointment of priests
The Hindu, December 17, 2015
Duty and the Priest: A legal barrier?
The Supreme Court ruled that appointment of archakas (priests) in Tamil Nadu temples should be done as per the restrictions prescribed by the age-old Agamas (treatises), upturning the amendments to the Tamil Nadu Hindu Religious Endowments Act put in place by the then DMK government in Tamil Nadu in 1971.
The court also further reiterated that the fundamental right to freedom of religion was not confined to doctrines and beliefs but extended to “essential practices” done in pursuance of that faith.
What are the Agamas?
Agamas in Sanskrit mean “that which has come to us.” There are two kinds of Agama texts, Agama and Tantra, the former practised in Saivite and Vaishnavite temples, and the latter in Sakthi temples. Agamas expound a variety of subjects and they are really the stylebook, on which Hindu rituals are based While some Saivite temples practise Tamil Agamas too, rituals in Vaishnavite
temples are based on Vaikhanasa Agamas and the Pancharathra Agamas, or the Five Nights. Pancharathra Agamas, considered an esoteric subject, is believed to have been taught by Lord Vishnu himself to the sages over five nights.
The total number of works, generally called the samhitas, exceeds 200, according to lists available in several works, though only a few are available in print.
Who can be priests?
According to Mr. Parthasarathy, head priest of Sri Parthasarathy Temple in Triplicane, Chennai, anybody who did not wish for material wealth, and sacrificed his life for the purpose of the Agamas could be a priest.
But priests practising Vaikhanasa Agamas got the right by birth.
Not all Brahmins could be priests or were allowed inside the sanctum sanctorum of temples.
The story so far
1971 The then DMK government under Chief Minister M. Karunanidhi amends the Tamil Nadu Hindu Religious Endowments Act to abolish the concept of hereditary appointments for priests (Archakas) in temples in the State and allow all, irrespective of caste, to become priests. The move to amend the Act in 1971 was inspired by the findings of the Elayaperumal Committee formed by the Indira Gandhi government in 1969.
1972 The Seshammal case: Twelve write petitions are filed alleging that the amendments made in 1971 violate Articles 25 and 26 of the Constitution — Freedom of conscience and free profession, practice and propagation of religion, and freedom to manage religious affairs Subject to public order, morality and health. The court upholds the validity of the amendment.
2002 The Adhithayan case: The Supreme Court holds that there is no justification for insisting that persons of a particular caste alone can conduct temple rituals.
2006 DMK government issues fresh Government Order making all persons with "requisite qualification" eligible for appointment as priests. The Order is challenged again in the Supreme Court.
May 2015 Supreme Court reserves judgement
Dec 2015 Supreme Court strikes down 2006 order, says priests can be appointed only as per the Agama Sastras
Temples for men only
Trimbakeshwar temple, near Nashik
The Times of India, Jan 30 2016
Temple run: Mahagovt to decide if women can enter Trimbakeshwar
Chaitanya Deshpande
The trust of the Trimbakeshwar temple, 30km from Nashik, has left it to the DevendraFadnavis government to show the way ahead on whether women can be allowed into the sanctum santorum. Trimbakeshwar temple's Shiva shrine is one of the country's 12 jyotirlingas.
“Entry of women devotees in temples has now become a national debate with activists staging protests at several shrines across the country .The government is expected to take a policy decision soon.TheTrimbakeshwar trust will follow the government's directives,“ said Kailas Ghule, a senior trustee. He added that the trust doesn't have the right to change a tradition in place for the “last 500 years“. “The committee conducted several meetings and searched for historical references for the tradition. Records from the Peshwa era state that this particular prohibition is in place for centuries. The mythological argument is the presence of three `lingas' of Shiva, Vishnu and Brahma in the sanctum sanctorum,“Ghule said. The Brahma and Vishnu lingas, not usually worshipped in such a form, are a rarity . “It is believed women should not touch the linga of Brahma. Hence, their entry has been banned,“ he added. At present, only male devotees can touch Lord Trimbakeshwar's `pindi' that too dressed in silk cloth popularly known as `sovale'. Entry is allowed only for an hour in a day .
Shani Shingnapur temple, Ahmednagar
The Times of India, Jan 30 2016
SamratPhadnis
The 26-yr-old who wants to break 400-yr-old custom
Shani Shingnapur temple is in Maharashtra's Ahmednagar district. The Lord Shani stone idol in the shrine “emanates vibrations that harm women“. The myth has meant no woman has been allowed inside the Shingnapur sanctum sanctorum for over four centuries. The temple was `purified' after a girl entered the sanctum.
Can't bar women from entering Shani temple: HC
The Times of India, Mar 30, 2016
Can't bar women from entering Shani temple: HCCan't bar women from entering
No law prevents women from entering a place of worship and if men are allowed, then women too should be permitted, the Bombay high court observed on Wednesday while stating that any temple or person imposing such restriction can face a six month jail term under a Maharashtra law. The observations were made by a division bench of Chief Justice DH Waghela and Justice MS Sonak during the hearing of a public interest litigation by senior advocate Nilima Vartak and activist Vidya Bal, challenging the prohibition of entry of women in the Shani Shingnapur temple in Ahmednagar district of Maharashtra. "There is no law that prevents entry of women in any place. If you allow men then you should allow women also. If a male can go and pray before the deity then why not women? It is the state government's duty to protect the rights of women," Chief Justice Waghela said. "If it is the sanctity of the deity that you are worried about then let the government make such a statement. Under the Maharashtra Hindu Place of Worship (Entry Authorisation) Act, 1956, if any temple or person prohibits any person from entering a temple then he or she faces a six-month imprisonment," the court said. The court also said that the government should give wide publicity to the Act and issue circulars, informing the general public at large about the Act and its provisions. The court directed government pleader Abhinandan Vagyani to take instructions and make a statement on Friday (April 1), on whether or not it will ensure that women will be allowed to enter the temple.
Many may not agree but it is a just decision. God has never created the divide. It is only man who have created the divide to suit their narrow sociopolitical goals.Fortunately law is guided by certa... Read The petition seeks the entry of women not just into the temple, but also inside its sanctum sanctorum. The petition says that the prohibition is arbitrary, illegal and in violation of fundamental rights of citizens.
