Madras High Court invokes Bhagavad Gita, says no caste discrimination in temples during Kanchipuram PIL

The Madras High Court has firmly declared that there is no room for discrimination in places of worship, drawing upon the Bhagavad Gita to underscore that God treats all beings equally. A Division Bench of Dr Justice G. Jayachandran and Justice E. Manoharan disposed of a public interest litigation alleging that non-Brahmin devotees were subjected to separate treatment at the Arulmigu Devaraja Swamy Temple in Kanchipuram.

A Two-Door Shrine and Claims of Separate Treatment

The petition, filed as W.P. No. 9273 of 2019, was moved by Madhavan Ramanuja Dasan, a Thenkalai Vaishnavite and secretary of the Thirukatchi Nambi Thirumaladiar Seva Sangam. He claimed that the Sri Manavala Mamunigal shrine inside the temple had a main entrance and a side entrance; Brahmin devotees were allowed through the main entrance, while non-Brahmins were directed to the side. He also alleged that non-Brahmins were made to stand outside during distribution of theertham, satari and prasadam, and were not permitted to recite Tamil Prabandham hymns in the temple's shrines.

Dasan pointed to communications from the Assistant Commissioner of the Hindu Religious and Charitable Endowments (HR&CE) Department dated 14.10.2003 and 23.12.2003, which had instructed the temple not to discriminate between Brahmin and non-Brahmin devotees in the method or place of distribution of sacred offerings. He also cited an earlier order of a First Bench of the High Court in W.P. No. 25845 of 2008 affirming those directions.

Temple Administration's Assurance to the Court

The Executive Trustee of the Devasthanam denied any discrimination. The administration explained that the sub-shrines, including the Manavala Mamunigal shrine, are small structures and cannot accommodate all devotees during services. Even members of the Adhyapaka Goshti and service holders sometimes have to stand outside, it was submitted.

The temple administration gave a clear undertaking before the Court: no section of devotees would be discriminated against in the distribution of theertham, satari or prasadam. With respect to hymn recitation, the administration said the Adhyapaka Mirasi—a statutory service right conferred on the Thenkalai sect—carries remuneration and specific honours during certain rituals. However, it assured the Court that this right does not prevent any other devotee or group from reciting the Nalayira Divya Prabandham in the temple's shrines for worship.

God is Equal to All

The Bench anchored its observations in scripture. Quoting Bhagavad Gita, Chapter 9, Verse 29, the Court said:

“I am equally disposed to all living beings. I am neither partial to anyone nor do I hate anyone. But those who worship Me with devotion, they are in Me and I am in them.”

It then added:

“In the eyes of God, all living beings are equal and God does not discriminate. Having said that it is to be noted that the Hon’ble Courts have also held that there is no room for discrimination in a place of worship.”

What the Disposal Means

The Court recorded the temple administration's submissions as undertakings. On the issue of theertham, satari and prasadam, the statement that there will be no discrimination was taken on record. On hymn recitation, the Court noted the assurance that apart from the Adhyapaka Mirasi's secured right during specified services, neither the petitioner nor any other person or group would be prevented from reciting Prabandhams in any shrine for worship.

The Bench observed that the petitioner did not intend to disrupt traditional rituals and that, if the current arrangement is preserved, "there is no discrimination occurring by following any tradition." With these observations, the writ petition was disposed of without any further directions and no order as to costs .

The judgment reinforces that age-old customs cannot be used to insulate caste-based distinctions in temples. While statutory rights of traditional service holders may continue, equal access to worship and sacred offerings remains the abiding principle.