Back
Judges : CHANDRASEKHARA IYER
RAM MOHANDAS - Appellant
Versus
TRAVANCORE DEVASWOM BOARD AND OTHERS - Respondent
Case No : O. P. No. 5546 of 1972
Decided On : 12/18/1974
Advocates Appeared :
N. Venkitarama Iyer; For Petitioner C. K. Sivasankara Panicker; For Respondents
RELIGIOUS FREEDOM - Hindu Temple Entry - Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965, Travancore-Cochin Hindu Religious Institutions Act - S.3, S.4, R.3, R.6 - The court discussed the interpretation of Hinduism as a way of life and the definition of a Hindu, emphasizing that a person can be considered a Hindu by conviction and conduct, without the need for formal conversion. The judgment highlighted the broad and comprehensive nature of Hindu religion, its tolerance, and the absence of formal conversion requirements. The court upheld the decision to allow a non-Hindu, K. J. Jesudas, to enter a Hindu temple based on his declaration of being a follower of Hindu faith and his conduct as a believer in temple worship.
Fact of the Case:
The petitioner, an advocate and Secretary of the Mullakkal Temple Advisory Committee, challenged the decision of the Travancore Devaswom Board to permit a non-Hindu, K. J. Jesudas, to enter the temple premises for a music concert. The petitioner argued that the decision violated the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965 and the petitioner's fundamental right to freedom of religion guaranteed under Arts.25 and 26 of the Constitution of India.
Finding of the Court:
The court dismissed the petition, upholding the Board's decision to allow K. J. Jesudas to enter the temple premises. The court emphasized that Hinduism is a way of life and a person can be considered a Hindu by conviction and conduct, without the need for formal conversion. The court also highlighted the broad and comprehensive nature of Hindu religion, its tolerance, and the absence of formal conversion requirements.
Issues: The main issue was whether the decision of the Travancore Devaswom Board to permit a non-Hindu, K. J. Jesudas, to enter the temple premises violated the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965 and the petitioner's fundamental right to freedom of religion guaranteed under Arts.25 and 26 of the Constitution of India.
Ratio Decidendi: The court held that a person can be considered a Hindu by conviction and conduct, without the need for formal conversion. The judgment emphasized the broad and comprehensive nature of Hindu religion, its tolerance, and the absence of formal conversion requirements. Based on these principles, the court upheld the decision to allow a non-Hindu, K. J. Jesudas, to enter a Hindu temple based on his declaration of being a follower of Hindu faith and his conduct as a believer in temple worship.
Final Decision: The court dismissed the petition, upholding the decision of the Travancore Devaswom Board to permit a non-Hindu, K. J. Jesudas, to enter the temple premises for a music concert. The court emphasized the broad and comprehensive nature of Hindu religion, its tolerance, and the absence of formal conversion requirements, and held that a person can be considered a Hindu by conviction and conduct, without the need for formal conversion.
1. The Mullackal Bhagavathi Temple at Alleppey is a well-known Hindu temple and is an'Incorporated Devaswom', the administration of which, under S.3 of the Travancore-Cochin Hindu, Religious Institutions Act (Act XV of 1950), vests in the Travancore-Devaswom Board.
2. The annual festival Utsavam of this temple is conducted during the Mandalam period (November-December) and is known as Mandalam Chirappu. During the last eleven days of this festival there are special pujas within the temple besides Sreebeli, processions and entertainments like music concerts for the entertainment of the worshipping public. The ceremonies on particular dates are conducted at the expense of individuals or groups.
3. In the 1972 festival, the expenditure of the Utsavam on 23-12-1972 was being met by one Shri P. S. Mony, Proprietor of Chempaka Jewellers Alleppey. For arranging a music concert on the day with in the compound walls of the temple by the well-known play-back singer Shri. K. J. Jesudas, he requested the Travancore Devaswom Board to permit Mr. Jesudas to enter the temple premises on the day. Pursuant to this request which Sri. Mony had made by an application of 9-11-1972, the Board by its communication of 18-11-1972 informed him that all believers in Hindu faith could enter the temples and that as Shri Jesudas has shown by his worship in the Sabarimala temple etc. in the customary mode that he is believer in temple worship, he could certainly be invited for the concert. It might be pointed here that Sri. Jesudas is a Catholic Christian by birth. Copies of the Board's communication were forwarded to the Devaswom Commissioner and the Ambalapuzha Group Assistant Devaswom Commissioner.
4. The petitioner who is an advocate is the Secretary of the Mullakkal Temple Advisory Committee and a copy of the Board's communication to Sri. Mony was forwarded to the petitioner by the Sreekariakkar (Executive Officer) of the temple. He also saw in the daily newspaper "Kerala Sree" a declaration, purported to have been made by Sri. Jesudas which reads as follows:-"I declare that I am a follower of Hindu Faith also". He also saw in the Malayala Manorama of 20th December 1972 a statement made by the President of the Travancore Devaswom Board that there is no bar to Sri. Jesudas entering the premises of the Mullakkal Temple and that the Board has granted permission to him to enter the Temple precincts.
5. The petitioner has moved this court for a writ of certiorari or other appropriate writ, order or direction for quashing the decision of the Devaswom Board to admit Sri. Jesudas into the premises of the temple and for a writ for restraining the respondents who are the Travancore Devaswom Board and the Sreekariakkar of the temple from implementing the said decision.
6. The contentions of the petitioner are that the action of the Devaswom Board results in allowing a non-Hindu to enter Hindu Temple and this action is without authority of law. Such action is not authorised by the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965 or the Rules made thereunder. According to the petitioner a person can be a Hindu by birth or by conversion but a mere declaration that he is a follower of the Hindu faith is not sufficient to convert a person to Hinduism. R.3 of the Rules framed under the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965, it is alleged, specifically debars persons who are not Hindus from entering within the compound wall of a temple. So also R.6 framed by the Travancore Devaswom passed in exercise of the powers conferred by S.9 of the Travancore-Cochin Temple Entry (Removal of Disabilities) Act, Act XXVII of 1950. In short the petitioner's contention is that as Shri Jesudas is a Catholic Christian and there is no evidence that he has ever been converted to the Hindu faith, the decision of the Board to allow his entry into temple is illegal and invalid. The petitioner points out that in the first instanc
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
