Madras High Court : Preventing SC Devotees from Temple Entry on Caste Grounds is Untouchability

In a firm reaffirmation of constitutional values, the Madras High Court has declared that preventing members of Scheduled Castes from entering a temple on caste grounds constitutes the practice of untouchability and a violation of Article 17 of the Constitution . The court warned that perpetrators of such acts are liable for prosecution under law.

A Festival Disrupted by Caste Lines

The case arose from a writ petition filed by V. Sundaram, a member of the Milagu Kattan Adidravidar Community in Salem district. Sundaram sought directions from the District Collector , Revenue Divisional Officer , and Tahsildar of Attur to ensure equal representation for his community in the annual chariot festival of the Arulmigu Muthu Mariamman Temple , scheduled for August 27, 2026 . The petitioner alleged that private respondents were preventing members of his community from participating in the festival.

Peace Committee Resolution and the State's Stand

When the matter came up for hearing, the Special Government Pleader informed the court that a peace committee meeting had already been held on July 21, 2026 . The committee had resolved that everyone, regardless of caste or creed, would be permitted to take part in the festival. Consequently, the state argued that the petition had become infructuous as the festival was already underway without discrimination .

However, the committee also recorded that with respect to ' Karaikarargal Rights '—the traditional rights to conduct the festival—the parties would need to approach a civil court for appropriate relief.

Petitioner's Concern for the Future

Senior Counsel S. Hajanazirudeen , appearing for Sundaram, acknowledged that this year's participation had been ensured. But he pressed for a broader assurance, urging the court to direct steps to prevent a recurrence of such caste-based exclusion in future years.

Court's Emphatic Rejection of Caste Barriers

Justice D. Bharatha Chakravarthy took a strong view of the matter, grounding his observations in statutory and constitutional law. He noted that the Tamil Nadu Temple Entry Authorisation Act, 1947 , categorically prohibits any restriction on temple entry based on caste. The court further observed that it had repeatedly held that a non-existing concept like 'caste' cannot be used to bar anyone from entering a temple or participating in its festivals.

In a pivotal passage, the court stated:

"Therefore, if any person prevents another person from entering the temple on casteist grounds , particularly if a person belonging to a Scheduled Caste is prevented from entering the temple, such an act would amount to the practice of untouchability and would constitute a violation of the fundamental right guaranteed under Article 17 of the Constitution of India. The person perpetrating such an act would be liable for prosecution in accordance with law."

Balancing Immediate Relief with Future Rights

The court recorded the state's submission that there would be no discrimination in future years either, with respect to participation. As for the traditional rights to conduct the festival or temple administration, the court left it open for the petitioner or any devotee to approach the appropriate authority under Section 63 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 , or the civil court.

Case Disposed with Observations

Accepting that the immediate grievance had been addressed, the court closed the writ petition . It made clear that its observations would serve as a reminder of the constitutional mandate against untouchability . The court directed that the connected miscellaneous petition also stands closed.

The judgment reinforces the inviolable principle that temple doors must remain open to all, and any attempt to shut them on caste lines will attract legal consequences. For the Milagu Kattan Adidravidar Community, this year's festival may have been secured, but the court's strong words ensure that the fight for equal participation continues to rest on solid constitutional ground.