Madras High Court Slams Police For Closing Temple To Prevent Caste Tensions, Says Denial Of Rights Not Way To Maintain Peace
The Madras High Court recently criticized the police authorities for closing down a public temple and denying entry to everyone in an effort to maintain public peace amidst communal tension. The court said that denying entry to everyone was not the way to keep peace, and the police had to make an effort to protect the rights of devotees.
“Equally disturbing is the role of the District Police. They seem to think that the only way to keep peace is by denying entry to everyone. This is wrong. Stopping everyone from entering is not the way to maintain peace. It is the job of the police to make sure that rights are protected, and that anyone who breaks the law is dealt with properly. The law cannot treat the oppressor and the oppressed as equals,” the court said.
Also Read: Temple Entry Cannot Be Denied To Persons Based On Caste : Madras High Court
Justice B Pugalendhi also criticized the District Collector for keeping a public temple closed, citing law and order problems without taking efforts to solve the problem. The court noted that if there was any real threat, the collector, as top officer of the District, should have used the State Machinery and handle the threat.
“This Court records its strong disapproval and condemnation of such a report. The closure of a public temple, not for days or weeks but for years, under the guise of a law and order concern, is a dereliction of constitutional duty. The District Collector, as the top officer of the District, cannot escape his duty by simply saying there may be trouble. If there is any real threat, it is his responsibility to handle it using the State machinery,” the court said.
The court took note that the dispute was with regard to the entry of Scheduled Caste devotees in the temple. The court remarked that even after 75 years of independence, it was shocking that people were denied temple entry based on their caste. The court stressed that God did not belong to any caste and did not discriminate.
“It is shocking that even after 75 years of independence, people are still being kept out of temples because of their caste. The Constitution of India does not allow discrimination among devotees. God does not belong to any one caste. He does not discriminate. Only human beings do,” the court said.
The court was hearing a plea by Vanniyakulachathiriyar Nala Arakattalai seeking directions to the Inspector of Police, Chinnadharapuram Police Station to provide adequate protection to the association and its trustees and for providing protection to the Arulmigu Mariamman Temple, Chinna Dharapuram, Aravakurichi Taluk, Karur District. Another petition by one Marimuthu sought directions to the authorities to open the temple and allow all devotees to offer worship.
The court noted that the dispute regarding the temple were two opposing claims, one claiming that Scheduled Caste devotees were denied entry to the temple and another side claiming that there was no discrimination and that they had the right to maintain the temple.
The District Collector informed the court that the Temple had been closed for all public worship and festival related activities since 2018 and only pooja was allowed. The Collector informed that the reason for closure of temple was apprehension of communal tension and risk of law and order problems.
The court disapproved with the stand taken by the Collector and the Police. The court also noted that the temple was managed by the Hindu Religious and Charitable Endowment Department.
The court noted that the State and the HR & CE Department should have made sure that everyone was allowed to worship. The court added that the Government must remember that peace built by denying the rights is not real peace but surrender.
The court thus asked the Collector to file an affidavit on why the temple was closed since 2018 and why steps were not taken to allow joint worship in the temple with police protection. The court also sought details on what action was proposed to restore worship and ensure equality. The court also sought details from the Superintendent of Police regarding the current law and order situation.
Counsel for the Petitioner: Ms.R.Vidhya
Counsel for the Respondent: Mr. F. Deepak Special Government Pleader, Mr. E. Antony Sahaya Prabahar Additional Public Prosecutor, Mr.S.S.Madhavan, Additional Government Pleader, Mr.S.Gokulraj
Case Title: Vanniyakulachathiriyar Nala Arakattalai v. The District Collector and Others
Citation: 2025 LiveLaw (Mad) 250
Case No: WP(MD) Nos 15950 of 2024, 17212 of 2025