Laws, rules should not create discord between religions, should unify them: Kerala High Court

Kochi: The Kerala High Court has said that statutes, rules and regulations should not become instruments for creating discord or disharmony between religious, castes or communities, instead they should function as a unifying force.

The observation by the High Court came while dismissing a plea seeking a declaration that entry of two Christian priests into the Adoor Sree Parthasarathy Temple in Pathanamthitta district in 2023 was violative of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965.

Dr Zacharias Mar Aprem and another priest, were invited to the temple to attend a function in connection with the Sreekrishna Jayanthi celebration on September 7, 2023.

The plea by Sanil Narayanan Nampoothiri, a teacher by profession, had also sought a direction to the Travancore Devaswom Board (TDB) and the temple authorities to prevent entry of non-Hindus into the Sree Parthasarathy shrine.

A bench of Raja Vijayaraghavan V and K V Jayakumar referred to the sacred Sanskrit mantra from the 'Taittiriya Upanishad' -- 'Matru Devo Bhava Pitru Devo Bhava, Acharya Devo Bhava, Atithi Devo Bhava' -- and said that it signifies that mother, father, teacher, and guest are equivalent to God and are to be treated with respect and honour.

The court said that in the instant case, the Christian priests were allowed to enter the temple as guests by the tantri "which is fundamentally distinct from an entry claimed as a matter of right".

"Such a permissive and ceremonial entry, in our considered view, cannot be construed as a violation of the provisions of the Act, the rules framed thereunder, or the established rites, usages and customs governing the temple," it said.

The bench further said that the object of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act was to permit the entry of all sects and classes of Hindus into the temple and to avoid any discrimination among them.

"However, while framing the rules, a new aspect which was not a subject matter of the Act crept into the rules. Rule 3(a) of the Rules specifically prohibits the entry of persons who are not Hindus into the temples. In the Act, there is no provision prohibiting the entry of non-Hindus."

"The law is well settled on this point that if there is any inconsistency between the parent Act and the Rules made thereunder, the former shall prevail," the court said.

It further said that the very object and purpose of law is to secure social harmony and promote the welfare of citizens.

"As society advances and becomes more inclusive, statutory provisions and subordinate legislation must be interpreted in a manner that advances constitutional values and social cohesion."

"Statutes, rules and regulations ought not to be permitted to become instruments for fomenting discord or disharmony between different religions, castes, sub-castes or communities. On the contrary, the legal framework must function as a unifying force that fosters mutual respect and coexistence," the bench said.

The court said that in view of the apparent inconsistency between the provisions of the parent Act and Rule 3(a) of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, the government should examine whether the rule requires "reconsideration, amendment or modification to bring it in consonance with the legislative intent and constitutional principles".

"It is for the government to consider whether Rule 3(a) should be retained in its present form or suitably amended, after due consultation with the TDB, tantris, religious scholars and other relevant stakeholders," the bench said while dismissing the teacher's plea.