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"Some judges are like umpires who believe they won the game": Madras High Court, "If temples are going to perpetuate violence, then their existence has no meaning, better to close down those temples. The whole purpose of having a temple is of no use"

The Court's comments came while hearing a plea by K.Thangarasu, also known as K.Thangaraj, who claims to be the Hereditary Trustee of Arulmighu Sri Ruthra Maha Kaliyamman Alayam
 |  Satyaagrah  |  Law
Close Temples If They Perpetuate Violence: Madras High Court
Close Temples If They Perpetuate Violence: Madras High Court

It's an ironic day when courts begin to talk about closing temples, which are traditionally seen as places of peace and devotion. Last Friday, the Madras High Court made an eyebrow-raising statement. They claimed that our religious sanctuaries, our temples, are morphing into venues for ego-driven groups to flex their muscles, with no regard for the sanctity and the tranquility these places are meant to offer. Quite a paradox, isn't it?

The court, in all its worldly wisdom, said, "The objective of a temple is to provide a space for the faithful to worship God in search of serenity and bliss. Regrettably, temple festivals are now becoming synonymous with violence. They've been transformed into theatres for groups to parade their power. The essence of devotion that's supposed to be at the heart of these festivals is nowhere to be seen. Instead, they've degenerated into a vulgar display of dominance by one group over the other. This blatantly undermines the very reason for holding temple festivals."

Justice Anand Venkatesh brought to light the disturbing trend of these festivals spiraling into violent clashes among competing groups. He went on to suggest that maybe we should shutter such temples that seem to incite such instances of hostility. Isn't it strange that a place of worship, a house of God, is suggested to be locked up, just because some individuals cannot set aside their inflated egos?

The judge further added, "If temples are going to act as catalysts for violence, their existence loses all meaning. In such cases, perhaps it is best to close these temples to put an end to the violence. Until man sheds his arrogance and enters the temple with a humble heart seeking divine blessings, the entire purpose of having a temple is rendered futile."

The Court's comments came while hearing a plea by K.Thangarasu, also known as K.Thangaraj, who claims to be the Hereditary Trustee of Arulmighu Sri Ruthra Maha Kaliyamman Alayam. Thangaraj sought police protection to safely conduct a festival at the temple. Every year during the Aadi month, which this year falls between July 23rd and August 1st, this festival is celebrated. In light of this, Thangaraj filed a petition to request for police protection to prevent any mishaps.

In contrast, the State highlighted an ongoing dispute between two parties over the conduct of the festival. Despite conducting a Peace Committee meeting led by the Tahsildar, a resolution could not be reached. Additionally, there was a tussle over who gets the right to place the idol of Vinayagar inside the temple. Granting permission for the festival, as per the State, would lead to law and order issues. Consequently, the Tahsildar decreed that nobody should keep the Vinayagar idol inside the temple.

Expressing frustration, the court noted that the time and energy of the Police and the Revenue department are squandered in settling petty disputes between quarrelling groups. To add salt to the wound, these groups often lack any reverence towards God and are merely focused on proving their dominance over each other.

The court observed, “The valuable time and effort of the Police and Revenue department is unfairly consumed in resolving disputes between groups, who are battling over their right to conduct the temple festival. These departments have other crucial tasks to undertake, and their time is spent unwisely trying to mediate between two factions that show no piety towards god and are more concerned with displaying their strength. In this court’s opinion, it is imprudent to waste the precious resources of the Revenue and Police in matters of this nature.”

Therefore, the court decided that there's no need to provide police protection and the concerned parties are free to conduct the festival peacefully, provided their egos don't cast a shadow over the event. The court further advised the police to step in and take necessary action only if there's a threat to law and order.

After all said and done, the court dismissed the petitions, leaving the parties to their own devices. It's indeed a sad day when our places of worship turn into battlegrounds, and our courts, instead of delivering swift justice, talk about shutting them down. A classic testament to how we as a society have to wait for decades to get justice, and at times, we don't even get that. Instead, we get a series of endless trials and tribulations, much like a soap opera, but without an end in sight.

Case Title: K Thangarasu @ K Thangaraj v The Secretary

Citation: 2023 LiveLaw (Mad) 205

Counsel for the Petitioner: Mr.P.Ayyaswamy

Counsel for the Respondents: Mr. A.Damodaran Additional Public Prosecutor

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