"Faith Cannot Be Fenced by Caste": Madras High Court Orders Temple Car Procession Through Dalit Colony

Chennai: In a significant ruling upholding constitutional principles over discriminatory customs, the Madras High Court has directed authorities to alter the route of a temple car festival to include a Dalit colony, asserting that "God never discriminates" and "discrimination cannot be wrapped in the sanctity of tradition."

Justice P.B. Balaji, presiding over the case of Selvaraj vs The District Collector, Kancheepuram , allowed a writ petition filed by a member of the Scheduled Caste community, ensuring their right to worship and participate fully in the Muthu Kolakki Amman Temple festival in Puthagaram Village.

Background of the Dispute

The petitioner, Selvaraj, a resident of Puthagaram village, approached the High Court alleging that "Upper Caste" individuals were preventing him and his community from entering the local Muthu Kolakki Amman Temple and participating in its car festival. He sought a directive to allow the temple car (chariot) to pass through the Dalit colony during its procession, a request that had been met with stiff resistance, despite the temple being under the administration of the Hindu Religious and Charitable Endowment (HR & CE) Department.

Arguments in Court

Petitioner's Stance: The petitioner argued that despite constitutional guarantees under Article 17 abolishing untouchability, the Dalit community faced persistent discrimination. They were allegedly prevented from worshipping the deity and participating in the festival. Despite representations to the District Administration and a subsequent Peace Committee Meeting, the caste Hindu representatives remained adamant, forcing the petitioner to seek judicial intervention.

Respondents' Stance: The official respondents, including the District Collector, stated that there was no official prohibition on temple entry for any community.

However, representatives for the private respondents (caste Hindus) vehemently opposed altering the temple car's route. Their counsel argued: - The existing route was a custom followed for "several decades." - Changing the route would lead to a "multitude of complications" and open a "floodgate" of similar requests from other residents. - They denied allegations of untouchability, claiming the Dalit community was already permitted to offer "Padayal" (offerings) at the end of the procession, a practice they claimed was centuries old.

Court's Feasibility Report and Scrutiny

Following an interim order from the court, the District Collector of Kancheepuram conducted a detailed field inspection with officials from the police, revenue, HR & CE, and electricity departments. The Collector filed a status report concluding that extending the car route to include the Dalit colony was "technically and operationally feasible." The report included a proposed integrated route map, suggesting minor repairs were all that was needed to implement the change.

The court also scrutinized the respondents' claim that the car traditionally only circled the "Four Mada Streets." Justice Balaji, upon examining the maps, noted that the existing route already deviated significantly and did not conform to the "Mada Streets" tradition, thereby weakening the respondents' argument based on custom.

Pivotal Observations from the Judgment

Justice P.B. Balaji made several powerful observations, emphasizing the supremacy of constitutional values over discriminatory practices:

> "Faith cannot be fenced by caste or creed and divinity cannot be confined by human prejudice. God does not reside in certain streets alone. No street is unworthy of the chariot or the god it carries. God never discriminates. So discrimination cannot be wrapped in the sanctity of tradition."

Dismissing the "floodgate" argument, the court noted that society has evolved and resistance to change based on "settled custom, tradition and practice can never be a valid defence." The court highlighted that the petitioner's request was not selfish but represented the collective desire of the Dalit colony residents.

Final Verdict and Directions

The High Court allowed the writ petition with the following key directions: 1. Temple Entry Guaranteed: The court recorded the official stance that there is no bar on the petitioner's community entering the temple and directed authorities to ensure no form of discrimination is practiced. 2. New Route Approved: The District Collector's status report and the proposed integrated route map were accepted. The court ordered that the temple car procession, for both its trial and main runs, must follow this new route that passes through the Dalit colony. 3. Police Protection: The court directed the police to provide sufficient protection to ensure the festival is conducted peacefully along the newly mandated route.

This judgment reaffirms the judiciary's role in actively dismantling discriminatory social structures and ensuring that religious freedoms are inclusive and accessible to all, irrespective of caste.