Chennai: The Madras High Court has ruled that non-Hindus cannot enter Agamic temples in Tamil Nadu without affirming their reverence for the presiding deity and agreeing to follow the customs and practices of the temple.
A Division Bench of Justices GR Swaminathan and P Murugan held in its October 23 judgment, in the case Thangam Venkatesh v. State of Tamil Nadu, that non-Hindus who do not furnish such an undertaking cannot enter the temple. The bench said the undertaking must be in the format prescribed by the institution concerned.
The bench clarified that the ruling is confined to Agamic temples, meaning Hindu temples whose construction, rituals and worship follow the Agamas. It contrasted them with institutions associated with Lord Ayyappa and Shirdi Sai Baba, which draw devotees across religious communities.
The court also held that entry restrictions imposed historically on certain Hindu castes under Agamic practices can no longer withstand constitutional scrutiny, since the Constitution ranks paramount and regressive theological injunctions must give way. It added that the injunctions continue to hold for non-Hindus who do not sign the undertaking.
The petitioner, Thangam Venkatesh, a Hindu, sought enforcement of the Tamil Nadu Temple Entry Authorisation Act, 1947 and the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. He asked for action against those violating entry restrictions and for mechanisms to prevent unauthorised entry into restricted sanctums and mandapams. The court agreed that he is entitled to insist that trustees of Agamic temples not let non-Hindus who do not sign the undertaking cross the flag-pole, saying that permitting such entry would defile the sanctity of the temple.
The case was a public interest litigation that came amid allegations by Hindu organisations that Fisheries Minister Srinath, a non-Hindu, had visited the Tiruchendur Murugan temple without submitting a written undertaking. The bench took judicial notice of the incident of a Christian minister entering the Thiruchendur temple without the required undertaking.
It also referred to Madurai Central MLA Badrudeen Mustafa, who entered the Meenakshi temple premises and climbed its towers during a Kumbabishekam, saying he claimed a right to inspect amenities and that it was ironical that he had said Sanatana Dharma ought to be eradicated. The court noted a social media video of people wearing skull caps pushing into the Thiruvannamalai Arunachaleswarar temple despite protests by devotees while HR&CE staff stood by. It said temple usages and customs cannot yield to “optics” and criticised politicians who visit temples only to play to the gallery.
In contrast, the bench cited Chief Minister Joseph Vijay, who it said worshipped Goddess Meenakshi after signing the undertaking. He was not asked to convert, only to affirm his reverence for the deity, which the court called an inclusive approach.
On processions, the bench disagreed with part of the reasoning of a 1972 Madras High Court judgment that struck down a rule permitting unrestricted entry of non-Hindus to temples. That ruling had also suggested that music and processions near mosques be curtailed. The bench held that the right of other communities to take out processions cannot be curtailed by citing the location of mosques and churches, and that Hindus likewise cannot stop other religious groups from taking processions past temples.
The court had referred to guidelines framed by the High Court in January 2024 in a similar case. In that case, the court directed the Tamil Nadu government to install boards in temples saying non-Hindus are not permitted beyond the flag-pole area and ordered that those claiming to visit a deity be allowed only after giving an undertaking recorded in a register. The bench said an authoritative pronouncement was needed in view of recent incidents.
Advocate G Aravinthsamy appeared for the petitioner, and Additional Advocate General PV Balasubramanian, assisted by Government Pleader MP Senthil, appeared for the State authorities.
(With inputs from Bar and Bench)