The Kerala High Court has observed that statutes, rules and regulations should not be allowed to become instruments for fomenting discord among different religions, castes, sub-castes or communities, emphasising that the object and purpose of law is to secure social harmony.
The observation was made while considering a petition filed by Sanil Narayanan Namboothiri of Kulanada, Pathanamthitta, challenging the entry of two Christian priests, including Dr Zacharias Mar Aprem, into the Sree Parthasarathy Temple, Adoor. The temple is managed by the Travancore Devaswom Board, and the priests were invited to attend a function held during the 2023 Sreekrishna Jayanthi celebrations.
During the hearing, the court was informed that while Rule 3(a) prevents the entry of non-Hindus into temples, the Act itself does not expressly prohibit such entry. The amicus curiae appointed by the court also pointed out that preventing the entry of non-Hindus into temples may not be considered an “essential religious practice”.
The High Court stated that 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 Devaswom Board, thanthris (high priests), religious scholars and other relevant stakeholders.
Reiterating the need to uphold social harmony, the court underlined that legal provisions should not be interpreted or applied in a manner that creates division or discord in society.