High Court dismisses plea challenging entry of Christian priests into temple

The Kerala High Court has dismissed a plea challenging the entry of two Christian priests into the Adoor Sree Parthasarathy Temple in Pathanamthitta district in 2023, alleging that it violated the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965.

Pronouncing the order, the High Court said that “statutes, rules and regulations ought not to be permitted to become instruments for fomenting discord or disharmony between different religions, castes, sub-castes or communities.” Instead, the legal framework must function as a unifying force that fosters mutual respect and coexistence, the court noted.

The court was considering a petition seeking to declare as illegal the entry of Zacharias Mar Aprem of the Malankara Orthodox Syrian Church and another Christian priest during a Sreekrishna Jayanthi function on September 7, 2023. The priests had been invited to the temple as guests to attend the event.

The plea, filed by Sanil Narayanan Nampoothiri, a teacher from Kulanada, also sought directions to the Travancore Devaswom Board (TDB) and the temple authorities to prevent the entry of non-Hindus into the shrine.

A bench of Justices Raja Vijayaraghavan V. and K.V. Jayakumar said that the priests were permitted entry as guests by the tantri, which was fundamentally distinct from an entry claimed as a matter of right.

The court noted that the aim of the 1965 Act was to permit the entry of all sects and classes of Hindus into temples and to prevent discrimination among them. However, while framing the rules, Rule 3(a) introduced a prohibition on the entry of non-Hindus, even though the parent Act contained no such restriction.

On the question of the apparent inconsistency between the Act and Rule 3(a), the court said the government should examine whether the rule requires reconsideration, amendment or modification to bring it in line with legislative intent and constitutional principles.