The appointment of temple priests or archakas in the Indian state of Tamil Nadu in accordance with the agamas, treaties elaborating temple functions, recently received a nod from the Supreme Court, which stressed that any deviance from the ancient custom would qualify as an infringement of the freedom of religion. Last month, the apex court, which based its verdict on a 2006 ruling, said that such appointments do not violate the fundamental right to equality as long as they conform to the country’s Constitutional principles and mandates.
The bench, constituting Justices N. V. Ramana and Ranjan Gogoi, said that the exclusion of some individuals and inclusion of only a particular denomination for temple priests would not violate Article 14, which states every Indian’s right to equality, as long as such discrimination is not based on Constitutionally unacceptable parameters such as gender, caste, creed, or color, among others.
“Consequently and in the light of aforesaid discussion, we dispose of all the writ petitions in terms of our findings, observations and directions above reiterating that as held in ... appointments of Archakas will have to be made in accordance with Agamas, subject to their due identification as well as their conformity with the Constitutional mandates and principles,” the bench said.
The court’s verdict was delivered after an association of priests, Adi Seva Sivachariyargal Nala Sangam, filed several petitions challenging the state government’s decision to allow Hindus with necessary qualifications to become priests in temples irrespective of their caste.
The court ruled that the validity of the state government’s decision would be dependent on the facts of each instance of appointment.
“What is found and held to be prescribed by one particular or a set of Agamas for a solitary or a group of temples, as may be, would be determinative of the issue. In this regard it will be necessary to reemphasize what has been already stated with regard to the purport and effect of Article 16(5) of the Constitution, namely, that the exclusion of some and inclusion of a particular segment or denomination for appointment as Archakas would not violate Article 14 so long such inclusion/exclusion is not based on the criteria of caste, birth or any other constitutionally unacceptable parameter,” the bench said.
The judges also said that the need to seek specific judicial verdicts in the coming years is unavoidable and inevitable.
In 1970, the state government had amended Tamil Nadu Hindu Religious and Charitable Endowments Act to abolish the practice of next in line succession for the appointment of temple priests in the state. After the amendment was challenged in the country’s highest court of law, the Constitution bench upheld its validity.
Photo Credits: First Post (India)
