In order to maintain the “sanctity and purity” of places of worship, the Madras High Court on Friday directed the Tamil Nadu government to ban the use of mobile phones in temples across the state. In the verdict, Justices R Mahadevan and J Sathya Narayana Prasad pointed out that a similar ban has successfully been implemented in other temples across the country to "prevent nuisance to devotees."
The petitioners' arguments
The court was hearing a Public Interest Litigation (PIL) filed by M Seetharaman, who sought the court's intervention to prohibit the use of mobile phones inside the Subramaniya Swamy Temple at Tiruchendur in Tuticorin district. The petitioner had argued that cell phones distract devotees and clicking photos of deities and pujas is a violation of rules of agamas.
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He also contended that photography could endanger security of temples and expressed apprehensions of "probable opportunities for taking photographs of women devotees, without their consent, which will be misused." He also demanded better compliance of a decent dress code for maintaining a proper decorum.
The verdict
In its order, the court said, "It is pertinent to note that temples are great institutions and they have traditionally been central to every one’s life. It is not only a place of worship but also integral to the socio-cultural and economic life of people. It is a living tradition that still draws hundreds of thousands of devotees seeking to experience divinity and spirituality offered by the temple. The systems and structures which support this experience, make a temple to have its own management needs."
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The judges further observed that "the Agamas prescribe the rules regarding the rituals to be followed in the worship services at the temple. According to the same, the temple authorities should ensure that decency of worship and sanctity of temple is maintained."
The judges noted that the rules to prohibit phones cannot stand in dispute with Article 25 of the Constitution, which guarantees a fundamental right to every citizen to practice, profess, and propagate their religion. They pointed out that the enjoyment of these rights is subject to to regulations within the premises of the temple. The division bench went on to cite ban on using mobile phones in the Sri Krishna temple in Guruvayur, Meenakshi Sundareswarar temple in Madurai, and Sri Venkateswara temple in Tirupati.
To this end, the bench directed the establishment of separate security counters in the temples for devotees to deposit their cell phones before entering the temple complex to avoid any inconvenience. Security personnel will also be deployed to ensure compliance of the orders.
The Commissioner of the Hindu Religious and Charitable Endowments Department has been directed to comply with the directions in all the temples in Tamil Nadu.
