Kerala High Court Questions Blanket Ban on Non-Hindus Entering Temples

The Kerala High Court has observed that the rule imposing a complete ban on non-Hindus entering Hindu temples may need a fresh review in line with constitutional values and present-day realities.

The Court made it clear that laws related to religious spaces should not create social tension or promote disharmony between communities. It emphasised that legal provisions must encourage harmony rather than conflict.

The observation came while hearing a petition challenging the entry of two Christian priests into the Adoor Sree Parthasarathi Temple during Sreekrishna Jayanthi celebrations. The priests had entered the temple as invited guests with the permission of the Thanthri.

The Court held that such entry, granted as a special invitation, is different from entry claimed as a legal right. Since the priests were guests and had permission from the temple’s spiritual authority, their presence did not violate the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965.

The judges also noted that while the Act allows entry for all sections of Hindus, it does not explicitly prohibit non-Hindus from entering temples. The restriction appears only in Rule 3(a) of the Rules framed under the Act.

Importantly, the Court pointed out that rules made under a law cannot go beyond what the main statute provides. If a rule conflicts with the parent Act, the Act will prevail.

In light of this, the Court left it open for the State Government to reconsider whether Rule 3(a) should be retained or amended after consulting temple authorities, religious scholars, and other stakeholders.