Showing posts with label Reclaimtemples. Show all posts
Showing posts with label Reclaimtemples. Show all posts

ഏഴരപ്പൊന്നാന

ചരിത്രപ്രസിദ്ധമായ ഏറ്റുമാനൂർ ശ്രീ മഹാദേവ ക്ഷേത്രത്തിലെ നൂറ്റാണ്ടുകൾ പഴക്കമുള്ള "ഏഴരപ്പൊന്നാന" പുതുക്കിപ്പണിയണമെന്ന നിർദ്ദേശം സംബന്ധിച്ച് സെപ്തംമ്പർ 21 ന് മാതൃഭൂമിയിലും 22 ന് മനോരമയിലും വാർത്തകൾ കണ്ടു. ഏതൊരു ക്ഷേതത്തിലും രണ്ടുതരം ആരാധനാ വിധാനങ്ങളുണ്ട്. ഒന്ന് അനുഷ്ടാനപരം . രണ്ട് ആചാരപരം . അനുഷ്ഠാന പരമായ ചൈതന്യങ്ങൾക്ക് കേടുപാടുകൾ സംഭവിച്ചാൽ എത്രയും പെട്ടെന്ന് അത് പരിഹരിക്കണം എന്നാണ് വിധി.ആചാരപരമായ കാര്യങ്ങൾക്ക് അത് വേണമെന്നില്ല. ഏഴരപ്പൊന്നാന ദേവ വാഹനം പോലും അല്ല എന്ന് പ്രത്യേകം മനസ്സിലാക്കണം . പ്രതിഷഠാ വേളയിൽ ക്ഷേത്രാചാര്യനും , ദൈവജ്ഞനും , ദേശനാഥനും ചേർന്ന് ഒരു ക്ഷേത്രത്തിലേയ്ക്ക് നിശ്ചയിക്കുന്ന ദിവസ മാസ ആട്ട വിശേഷങ്ങളാണ് അവിടുത്തെ അനുഷ്ഠാനങ്ങൾ . പിന്നീട് കാലികമായി വന്നു ഭവിക്കുന്നവയാണ് ആചാരങ്ങൾ. ഏറ്റുമാനൂരിലെ ഏഴരപ്പൊന്നാന പ്രദർശനം, ഏഴരപ്പൊന്നാന എഴുന്നെള്ളത്ത് എന്നിവ അത്തരത്തിൽ തികച്ചും ആചാരപരമായ കർമ്മങ്ങളാണ്. ഇതിൽ താന്ത്രികമായ ഒരു കർമ്മങ്ങളുമില്ല. ആചാരപ്രാധാന്യം മാത്രമുള്ള സങ്കൽപ്പം പൊളിച്ചു പണിയണമെന്ന നിർദ്ദേശം നൂറ്റാണ്ടുകൾ പഴക്കമുള്ളതും അതീവ ചരിത്ര പ്രാധാന്യമുള്ളതുമായ ഏഴരപ്പൊന്നാനകളോട് ചെയ്യുന്ന അങ്ങേയറ്റത്തെ അനാദരവാണ്‌. ഈ വിഷയത്തിൽ കൃത്യമായ പ്രതികരണം ഭക്ത ജന സമക്ഷത്ത് നിന്നുണ്ടാകു മെന്ന് പ്രതീക്ഷിക്കുന്നു.
ഏഴരപ്പൊന്നാന മാറ്റുന്നതിലും നല്ലത് എല്ലാം മാറ്റാൻ നടക്കുന്ന അഡ്വ.കമ്മീഷനെ മാറ്റുന്നതാണ്. അഥവാ ഏഴരപ്പൊന്നാനകൾക്ക് കേടുപാടുണ്ടെങ്കിൽ അതു പരിശോധിക്കാൻ വിദഗ്ദനായ ഒരു ആശാരിയെ നിയോഗിക്കണമെന്ന് കമ്മീഷന് പറയാം. അല്ലാതെ തുടക്കത്തിൽത്തന്നെ ഒരു പ്രത്യേക വ്യക്തിയെ അദ്ദേഹം നിർദ്ദേശിക്കുന്നത് തികച്ചും സംശയാസ്പദമാണ്. ശബരിമല ധ്വജം നിർമ്മിച്ച പ്രസ്തുത ആചാരി സംഘടിപ്പിച്ച ചടങ്ങിൽ സ്വാഗതം ആശംസിക്കുകയും ആചാരിയിൽനിന്ന് പരസ്യമായി ആയിരങ്ങൾ വിലയുള്ള കൊടിമരത്തിന്റെ മാതൃക ഉപഹാരമായി സ്വീകരിക്കുക വഴി ഗുരുതരമായ കൃത്യവിലോപം വരുത്തുകയും ചെയ്തയാളാണ് അഡ്വ.കമ്മീഷൻ. ഇത് ഹൈക്കോടതി ദയവായി ശ്രദ്ധിക്കണം
ഏറ്റുമാരൂരപ്പന്റെ ഏഴര പൊന്നാനയുടെ മഹത്വം, അതിവിടെ എത്തിയതിന്റെ പിന്നിലുള്ള ചരിത്രം എന്നിവ കേട്ടിട്ടില്ലാത്തവർക്കായി ഒരു ചെറുവിവരണം കൂടി ചേർക്കുന്നു:
ആധുനിക തിരുവിതാംകൂറിന്റെ സ്ഥാപകൻ അനിഴം തിരുനാൾ ശ്രീ മാർത്താണ്ഡ വർമ്മ രാജ്യ വിസ്തൃതി വ്യാപിപ്പിക്കുന്നതിനായി പട യോട്ടം നടത്തി. വടക്കുംകൂർ ആക്രമിച്ചപ്പോൾ ഏറ്റുമാനൂർ ദേശത്തിനും ക്ഷേത്രം വക സ്വത്തിനും സങ്കേതത്തിനും വലിയ നാശ നഷ്ടങ്ങൾ സംഭവിച്ചു. ഇതിന്റെ ഫല മായി മഹാരാജാവിനും കുടുംബത്തിനും അനവധി അനർഥ ങ്ങൾ വന്നു ചേർന്നു .ഇതിന് പരിഹാരമായി ഏറ്റുമാനൂരപ്പന് അഷ്ട ദിഗ് ഗജങ്ങളെ സ്വർണ്ണത്തിൽ തീർത്ത് അവയ്ക്കുള്ള തോട്ടിയും വളറും സഹിതം നടയ്ക്കു വെയ്ക്കാമെന്ന് നേർന്നു. എന്നാൽ വഴിപാട് പൂർത്തീ കരിക്കുന്നതിന് മുൻപ് 1758 ജൂലൈ മാസത്തിൽ അദ്ദേഹം നാട് നീങ്ങി. തുടർന്ന് അധികാരമേറ്റ ധർമ്മ രാജാ ശ്രീ കാർത്തിക തിരുനാൾ മഹാരാജാവിനാണ് വഴിപാട് നടത്തുന്നതിനുള്ള ഭാഗ്യമുണ്ടായത്. 1759 മെയ് മാസം 23 -ആം തീയതി കൊല്ലവർഷം 934 - ആമാണ്ട് ഇടവ മാസം 12 -ആം തീയതി തിങ്കളാഴ്ച ഉച്ച പൂജയ്ക്ക് മുമ്പായിട്ടാണ് പൊന്നാനകളെ നടയ്ക്കു വെച്ചത്. അഷ്ട ദിഗ്ഗജങ്ങളെ പ്രതിനിധാനം ചെയ്യുന്ന എട്ടാനകൾ ഏഴര യായതിനു പിന്നിലും രസകരമായ ഒരു കഥയുണ്ട് . കൌശലമുണ്ട് . ഏറ്റുമാനൂർ ക്ഷേത്രത്തിന്റെ ഉടമസ്ഥാവകാശവും ഭരണവും എട്ടു മനക്കാർക്കായിരുന്നു . എട്ടുമനയൂരിൽ നിന്നാണ് ഏറ്റുമാനൂർ എന്ന സ്ഥല നാമം നിഷ്പന്നമായതെന്ന് ഉള്ളൂർ "കേരള സാഹിത്യ ചരിത്രത്തിൽ" സൂചിപ്പിക്കുന്നുണ്ട് . ഉണ്ണൂനീലിസന്ദേശത്തിൽപ്പോലും ഈ സ്ഥലനാമം പ്രദിപാദിക്കുന്നുണ്ട് . പുന്നയ്ക്കൽ , അയ്യങ്ങണിക്കൽ , ചിറക്കര , പുളിന്താനം ,പട്ടമന , മംഗലം , ചെന്തിട്ട , എട്ടൊന്നശ്ശേരി ഇവരാണ് എട്ടുമനക്കാർ
ഒരേപോലെ യുള്ള എട്ട് പൊന്നാനകളെ നടയ്ക്കു വെച്ചാൽ എട്ടുമനക്കാരും കൂടി വീതം വെച്ചെടുത്താലോ എന്ന് കുശാഗ്ര ബുദ്ധിയായിരുന്ന രാമയ്യൻ ദളവയ്ക്ക് സംശയമായി . അദ്ദേഹം മുന്നോട്ടു വെച്ച ഉപായമാണ് പൊന്നാനകളെ എഴരയാക്കുക എന്നത് അപ്പോൾ തുല്യമായി വീതിക്കുവാൻ കഴിയാതെ വരും അപ്രകാരം വന്നാൽ അവ ക്ഷേത്ര ത്തിൽ തന്നെ നില നില്ക്കുകയും ചെയ്യും അങ്ങനെ എട്ടാന ഏഴര യായി . രണ്ടടി പൊക്കമുള്ള ഏഴ് ആനകളും ഒരടി പൊക്കമുള്ള ഒരു അരയാനയും . പ്രായശ്ചിത്തമായി ഒരു സ്വർണ പഴുക്കാക്കുല കൂടി ഏറ്റുമാനൂരപ്പന് സമർപ്പിച്ചു . വലിയ ആനകൾ ആനകളോരോന്നിനും ഒരു തുലാം (ഏകദേശം 10 കിലോ ) തൂക്കവും അരയാനയയ്ക്ക് അര തുലാം (ഏകദേശം 5 കിലോ ) തൂക്കവുമാനുള്ളത് ആനകൾക്ക് ഓരോന്നിനും പേരുകളുമുണ്ട് . ദിക്കുകളും
ഐരാവതം - കിഴക്ക് 
പുണ്ഡരീകൻ - തെക്ക് കിഴക്ക് 
വാമനൻ - തെക്ക് (അരയാന)
കുമുദൻ - തെക്ക് പടിഞ്ഞാറ് 
അഞ്ജനൻ - പടിഞ്ഞാറ് 
പുഷ്പദന്തൻ - വടക്ക് പടിഞ്ഞാറ് 
സാർവ്വഭൌമൻ - വടക്ക്
സുപ്രതീകൻ - വടക്ക് കിഴക്ക്
എട്ടാം ഉത്സവത്തിന് ഏഴര പൊന്നാനകളെ ആസ്ഥാനമണ്ഡ പത്തിലും ആറാട്ട് വരവിന് അകമ്പടിയായും എഴുന്നെള്ളിക്കും. പിന്നെ ഒരു കൊല്ലക്കാലം ക്ഷേത്രത്തിലെ സ്ട്രോങ്ങ്‌ റൂമിൽ സുരക്ഷിതം . ശംഭോ മഹാദേവ .
https://www.facebook.com/photo.php?fbid=1487918177909929&set=a.434612063240551.90627.100000752832321&type=3

Temple Looting in Kerala: Yesterday and today – Leela Tampi

How did it happen that the Hindus of Kerala stood silently by when their hallowed, highly venerated temples were thus plundered, dishonoured and reduced to beggary? The fact is, in the course of centuries of slavery we Hindus have assiduously taught ourselves to mistake apathy for tolerance, servility for gentleness and cowardice for pacifism. The process is still continuing, with the Hindus tricked into accepting self-hate and self-destruction as secularism. –  Leela Tampi

Thrikkavadoor Temple

The Hindu people of India, even if belatedly, are now awakening to the humiliation, tragedy and tremendous loss inflicted on them through the savage destruction of their ageless, holy temples by invading hordes in the name of their religion of the Arabian desert.
In spite of this heartening fact that the nation has now woken up and is carefully taking stock of the unspeakable atrocities and national loss it had suffered at the hands of the butchering, bestial invaders, sadly enough the devastation suffered by the temples of Kerala has not attracted the nation’s attention. On the one hand the impression that the Kerala temples had escaped destruction has gained ground: probably because unlike in the other parts of India, in Kerala mosques are not seen squatting on top of temple foundations; nor is the Kerala landscape pockmarked with heartbreaking rotting mounds that were once the holy temples of the Hindus.
But it certainly is not that Kerala was more fortunate than the rest of India in the matter of the destruction of temples. The stark truth is that the devastation suffered by Kerala temples at the hands of foreigners and local quislings is as direful as that suffered by temples elsewhere in India. The only difference is that as most of the damage was perpetrated by the cunning British, it was accomplished insidiously, like murder being committed by slow suffocation without any wound being seen on the outside.
While the rabidly fanatic Tipu Sultan ‘the bandit of Mysore’ destroyed two thousand temples in the Malabar region to establish Islam, it was the British rulers acting at the behest of Christian missionaries who, starting from two hundred years ago, dug the grave of the Kerala temples. The wily British accomplished this not by resorting to anything so crude and beastly as demolishing them: but by simply confiscating all of them “in the name of the state of course” along with all their landed properties and then making sure that the temples rotted away from calculated, steady attrition.
The present [1991] United Democratic Government of Kerala, under the command of the Muslim League and the Kerala Congress (a front party for the Churches) is now living up to the tradition of all former Kerala governments by following this same policy with enthusiasm and vigour.
Not only the British overlords but also the governments that came into power in Kerala after 1947 were never content with this wholesale robbery alone of temple properties. They continuously plundered, and helped others plunder, the relatively better off temples of even parts of the grounds the temples stood on; and also of the offerings of devotees. The latest of these forays is the still standing order (now under review by the High Court) of K. Karunakaran, the Chief Minister of Kerala, that the Guruvayur Sri Krishna Temple Dewaswom (the management appointed by the Government) withdraw ten crores from the banks and deposit the amount with the state treasury to help the Government out of its present financial crisis.
This grave and sinister development has for once jolted the lethargic Hindus of Kerala out of their perennial slumber and into awareness of the pitiful plight their temples have been reduced to as a direct result of the suzerainty the Kerala Government had usurped over them. When Hindu organisations and long-suffering devotees vehemently protested, the chief minister issued an unctuous rationale to the effect that the ten crores would be as safe with the Government as with the banks, and that interest would be paid. He also added duplicitously that “there will be no compulsion to obtain funds from the houses of worship of any religion”. He was feigning that the places of worship of all religions had always been treated equally by the state, when the truth is that it was the temples — and temples alone that had been subjected to ruthless plunder by the Government; so much so that they now have practically no assets left except the offerings of devotees. And this too had been steadily looted by the politicians running the Government.

Rani Gowri Lakshmi Bayi of Travancore

This operation to annihilate the temples of Kerala was first organised and put into effect two hundred years ago by Colonel John Munro, the British Resident in the erstwhile State of Travancore (the former princely States of Travancore and Cochin, along with Malabar, formerly a district of the Madras Presidency, together form the Kerala State). The British in 1810 made the then ruler of Travancore, Rani Gowri Lakshmi Bayi, appoint the British Resident, Col. Munro, as Dewan of the state also. With supreme audacity Munro would convert his “advice” to the Rani as Dewan into commands by virtue of his position as Resident. Munro who was a committed Christian missionary as well as a ruthless colonialist, naturally considered it his pious duty to debilitate the Hindu religion and at the same time foster Christianity. He also realised that this would help cement Christian colonialism in the region. He achieved both these aims at one shot by the simple expedient of taking over by fiat (euphemistically called “proclamation”) nearly all the temples of Travancore and Cochin and also by seizing all their landed properties without any compensation whatsoever. When he was thus busily confiscating temple lands without compensation, Munro parallelly issued hundreds of munificent land grants to the Christian Churches.

John Munro

The cultivated and cultivable temple lands thus expropriated were so vast and the income from them so enormous that within the year the annual land revenue accruing to the state doubled. Of course as part of his well-laid plan to extirpate the Hindu religion and temples, Munro kept all the income from the expropriated temple lands with the state and did not remit any amount at all to the temples. Very soon the temples, thus impoverished and effectively devitalised, fell into wrack and ruin.
The disorganised, apathetic Hindus were very slow to awaken to the catastrophe inflicted on them by Munro. Apart from the usual spiritlessness of the Hindus, this submission was also due to the fact that at that time the Christian and Muslim population was very small and Hindus for this reason deluded themselves into believing that the confiscated lands, even if with the Government, still belonged to them.
Soon vast demographic changes took place. The Muslim population through forcible conversions by Tipu Sultan and the Christian population through British-sponsored fierce proselytism, increased by leaps and bounds. These now powerful minorities lost no time in making it clear to the faction-ridden, enervated Hindus that the temple lands, now that they had been vested with the state, belonged to them as much as to the Hindus.
When at long last the Hindus awoke to the awful disaster that had been wreaked upon them and made bold to demand the return of the seized lands to the temples, they found to their dismay that Munro had been too clever for them. The Resident-Dewan-missionary had seen to it that the records of the sequestered temple lands and of state-owned lands were thoroughly intermixed; so much so that it had been made quite impossible to catalogue temple lands separately from government lands.
This convenient excuse “that it was no longer possible to distinguish temple lands from state lands” which made shameless use of outright brigandage, was to be used in the future times without number by the Government and double-crossing politicians not only to hang on to the temple properties but also to foil the feeble attempts made by Hindus from time to time to claim compensation for the seized lands.
To remit even part of the huge income from the confiscated lands to the temples for their upkeep was not even thought of. It was a full hundred years later that a commission was appointed to look into the matter. This commission determined the income from the temple lands at the absurdly low rate of land revenue levied on them; and recommended not that at least this puny amount be paid to the temples, but only that the interest due on it — and that too only at three percent — be paid. Even this the Government did not do for a decade. This commission’s recommendation that the temples which were falling into ruins be repaired by the Government (as it had taken over their property) was studiously ignored.
After years of agitation, in 1922, the interest on the income — payment of compensation or of the actual income was never again to be considered at all — due to the temples was fixed at a paltry twenty-two lakhs. In 1948, again after prolonged agitation the amount was increased to fifty-one lakhs, but without any provision for compensation for inflation. This amount of fifty-one lakhs today is worth less than one lakh at 1948 value of the rupee. And yet the Kerala Government has arrogantly ignored the urgent pleas of Hindu organisations for upward revision of the amount to compensate for the dismal fall in the value of the rupee.
Because of the wholesale confiscation of the properties bestowed on the temples for rituals and upkeep, thousands of temples in Kerala do not have the wherewithal even for token rituals; thousands more have fallen into ruins. Thus the shrewd and crafty missionary-cum-Resident-cum-Dewam accomplished through his single bloodless coup the ruin and devastation of Hindu temples — and Hindu pride “which the Muslim raiders through the centuries and local-born despicable tyrants like Aurangzeb could only do after numberless battles, massacres, rape and arson.
This war of attrition waged on the temples of Kerala for a century and a half actually picked up momentum after independence. The double-dealing politicians, wearing the mask of secularism, were only too glad to betray the Hindu community by heaping further blows on the temples. For they knew that this would secure their positions with the “minorities”, who with their monolithic, anti-secular and powerful organisations were holding the reigns of power in the state. Very soon after independence the Congress Government enacted the Land Reforms Act which was so crafted that it effectively denuded the temples but not the churches and mosques of what little bits of land that still remained with them. The Central Government also did its secular act of destroying temples by confiscating by special legislation again with absolutely no compensation — the vast forest lands of the Malabar temples which were promptly taken over by Christian and Muslim encroachers. It is well-known that the greatest beneficiaries of the Land Reforms Act in the whole of Kerala were Christians and Muslims, and the greatest losers the Hindu temples and Hindus.
While this sequestration and annexation of temple lands had been going on for the last two hundred years, no Government of Kerala past or present, had ever dared to take over one single church or mosque or just one cent of their vast land holdings. Not only this; some years ago the Kerala Government with much fanfare sanctioned as annual grant “that is to say, a yearly free gift for all time to come — of fifteen lakhs for pension for the mukris of mosques. This when priests of the temples, properties of which had been stolen by the state, had no such pension and were miserably paid besides. Moreover, to get Muslim goodwill all the immense wakf properties in Kerala (and in the whole of the rest of India, as this is a Central Government Act) have been exempted from the Buildings and Rent Control Act, which is now strangling the remaining few buildings of temples and ashrams in Kerala, not to speak of the rest of India.
At present forty-five percent of the population of Kerala is Christian and Muslim and a section of Hindus, being communists, are atheists [this article was written in 1991]. Hence the Government is not only mostly non-Hindu, but anti-Hindu. In these circumstances, and also being fervidly “secular”, the only right course for the Government to follow is to dissociate itself completely from the temples and vest their administration with true devotees. But with unbelievable brazenness and hypocrisy the Kerala Government is not only clinging to ownership rights over the temples but is also claiming rights the maharajas of old, who were real protectors of temples, never even dreamed of. Today it is heart-breaking to see the holy, ancient temples of Kerala debased to the status of a lowly, inconsequential department of a Government that is in effect run by Christian and Muslim religious leadership. This is not all; the temples are also under the mercy of greedy quislings all too ready to further bleed them to satisfy their masters.

St. George Church

While the number of grand churches and mosques in Kerala has increased more than a hundred times in the last five decades, not a single temple of significance has been built during this time. Worse still, during this period hundreds of temples have fallen down and disappeared into the dust.
When India was at war with China, the Guruvayur Dewaswom was “persuaded” to transfer to the Central Government a huge quantity of gold. As far as is known this gold was never returned to the temple. The Guruvayur Dewaswom was also “persuaded” by the Kerala Government to invest one crore of rupees in the Indira Vikas Patrika. Huge amounts were plundered for political shows like the Congress Party souvenir. A nondescript motion picture was also made on Guruvayur temple which made the temple poorer by twenty lakhs. It has become a practice to disburse money under false headings to politicians, their relatives and friends. More crores would have been looted from the temple by politicians but for the timely intervention of courageous devotees who blew the whistle in time.
Not even during times of national emergency like the time of war when Hindu women donated their gold mangalya sutras, did the Kerala Government dare to make any effort to obtain deposits from the opulent churches and mosques — nor did the bishops or the moulvis offer any deposit or donation. To put it in a nutshell, where the Hindus are concerned, for the Kerala Government it is loot, loot, loot; and where the churches and mosques are concerned, it is give, give, give.

Sabarimala pilgrims

While the Kerala Government thus considers the accumulated offerings of devotees at the great temples as their own to pocket and squander as they please, they consider it an anathema to provide even the minimum facilities for pilgrims at the great temples of holy pilgrimage. Repeated frantic requests for a few acres of forest land for the provision of some basic amenities for the millions of pilgrims converging on the forest temple at the Sabarimala Sri Sasta Temple have been flatly turned down on the ground that forest land cannot be alienated without the permission of the Centre. At the same time ten hectares of forest land were granted in a jiffy to build a church, proclaimed by the bishops as a rival pilgrim centre, close to the Sabarimala temple. And the successive Governments of Kerala in the last fifteen years have been falling over each other to provide free titles to the well-organised, Church-backed encroachers — all of them Christians of course “to huge areas of forest land, running into more than a million acres.
Thus it is not only that every government in Kerala had been ruthlessly sabotaging and destroying temples for the last two centuries with no let up till today; these governments have also during this time deliberately and eagerly functioned as the transhipment point for the transferring of Hindu wealth to non-Hindus.
It is against this shockingly larcenous background that the latest demand of the Kerala Government for ten crores from the Guruvayur temple should be viewed by the Hindus of India.
While much noise is being made about the availability of ten crores with the Guruvayur Dewaswom (offerings of mostly poor devotees for temple purposes only), the case of thousands of temples in Kerala without the wherewithal for rituals or repairs is carefully concealed. And this ten crores with the Guruvayur Dewaswom is but a microscopic sum when compared to the vast funds—running into thousands of crores “available with the lavishly foreign-funded churches and mosques. And of course they have kept their colossal landed properties also. It is well-known that the Churches in Kerala are the biggest landowner after the state. In just one instance, a missionary outfit in Malabar owns such a huge area of land in a single holding that they renamed the place “Bibleland”. And what is more the Postal Department of secular India has also named their office in the area Bibleland Post Office. The Churches own countless plantations which have been carefully left outside the purview of the Land Reforms Act.
In addition the Churches in Kerala own vast extents of urban land in the best part of every city and town. (This is of course the case in the rest of India also.) In Tiruvananthapuram the palace of just one bishop — among several bishops and their palaces stands on nearly thirty acres of land abutting on the Raj Bhavan compound. This bishop, not one to hide his might and power, has also built a high-profile church practically touching the Raj Bhavan entrance. And this bishop, and the other bishops and convents own hundreds of acres in the city. The Churches have been for quite some time investing in a big way in multi-storeyed shopping and office complexes. They also have huge holdings in other real estate, publishing houses, banks and companies.
But of course in Kerala the limitless flow of treasure into the Churches is from the education sector. They have established from British times a near monopoly in education, from primary schools to first grade colleges. More than fifty percent of the hundreds of crores the Kerala Government spends on education is commandeered by the bishops and mother superiors.
In spite of this golden flow from the state into the Church coffers, and in spite of all their colossal wealth and foreign funds, the Government will never dare to request them for funds, no matter how critical the financial crunch. At the same time the Government considers the small bits of the remaining assets and funds of the temples to be their ordained targets for regular booty taking—much of it to be used to further destroy the temples.
For the Hindus of Kerala to retrieve even part of their lost honour and dignity, firstly the present niggardly payment of fifty-one lakhs (such is the perfidy and hatred of the perfidy and hatred of the anti-Hindu politicians towards the temples that they regularly refer to this sum as a “grant”), should be raised sufficiently to tally with the income from the seized temple lands at present rates. A small beginning can be made by increasing the present insulting, measly payment of fifty-one lakhs to compensate for the steep fall in the value of the rupee since 1948; and this newly determined amount should be revised every year henceforward. After all the Kerala Government is doing exactly this in every area — except, of course, in the case of the temples.
Secondly, the Hindus have to get the confiscated temples released from the stranglehold of the politicians (themselves the willing hostages of the Muslim League, Kerala Congress and atheists) who happen to be born as Hindus but are avowedly anti-Hindu by conviction. Interestingly these politicians who declare they are not Hindus see nothing dishonourable and dishonest in voting on temple matters as Hindus “with the open aim of snatching the maximum spoils for themselves and their cohorts.
When the Kerala chief minister equates the depositing of Guruvayur temple funds with the treasury with bank deposits the crucial fact that there is no withdrawal facility in the treasury is kept under wraps. And if by some horrible chance the ten crores are placed in the treasury, we can expect a replay of the Munro scenario — the Government seizing the capital for ever, and later with pious protestations of fair intentions, offering to pay the interest on the interest on the ten crores if and when it chooses.

Mosque and church in Palayam

We hear a great deal day in and day out about the wonderful religious harmony that prevails in Kerala as exemplified by a church, a mosque and a temple standing close together in Palayam, in the heart of Tiruvananthapuram. One close look at these places of worship will prove that what they actually demonstrate is something quite different: the impoverishment, abasement and servitude of the Hindus. The church in Palayam is a magnificent edifice on a vast tract of priceless land; the mosque too is an imposing new building on spacious grounds. But the temple—it is just a dilapidated hutment standing on just four cents of land.
This in general is the pathetic, degraded condition of the Hindu temples, brought on by the ceaseless plundering first by the British colonialists intent on spreading Christianity, by the studied negligence of the state governments, wholesale destruction by Tipu Sultan, and in post-independence days, by the looting by governments owned and operated by powerful Christian and Muslim vested interests; not to mention the greedy quislings out to fatten themselves at the expense of the temples.
How did it happen that the Hindus of Kerala stood silently by when their hallowed, highly venerated temples were thus plundered, dishonoured and reduced to beggary? The fact is, in the course of centuries of slavery we Hindus have assiduously taught ourselves to mistake apathy for tolerance, servility for gentleness and cowardice for pacifism. The process is still continuing, with the Hindus tricked into accepting self-hate and self-destruction as secularism.
Thorough rethinking and strong corrective measures based on the truly Hindu principles of truth and fearlessness on the part of the downtrodden Hindus of Kerala has become imperative if the Hindu temples, religion and culture are to survive at all. Fearless and concerted action is also needed for regaining the lost honour and dignity of the Hindus.

ക്ഷേത്രഭരണവും ഹൈന്ദവനവോത്ഥാനവും

Article written by Sri Shivamritha Chainthanya for the Kesari weekly dated 23rd September 2016






Can Governments ‘take over’ Administration of Hindu Religious Institutions? – VI

In the first five parts of the current series, I had discussed in some detail the fundamental rights of Hindu religious institutions under the Constitution and the State’s ability to limit them. In the last two parts (1) (2) in particular, I examined the constitutional validity of the position taken by the Travancore Devaswom Board (TDB) in relation to the entry of women aged between 10 and 50 years into the Sabarimala Temple. Starting today, over the next few articles, I will analyse the Hindu Religious and Charitable Endowments (HRCE) legislations that are in force in the Southern States with specific focus on the extent of the State’s intrusion into the functioning and administration of the Hindu religious institutions.

This exercise assumes greater relevance in the backdrop of the news reports that the Supreme Court is expected to commence hearing final arguments on July 13, 2016 in the Writ Petition (W.P. (C) No. 476/2012) filed by the Late Swami Dayananda Saraswathi challenging the constitutionality of the HRCE legislations of the three Southern States, namely Tamil Nadu, Andhra Pradesh, and Puducherry. The first legislation I intend to examine as part of this exercise is the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, which is the legislation in force as on date in Tamil Nadu.

To get a general idea of the kind of roadblocks and challenges these Hindu-specific legislations have created for Hindu religious institutions, I would strongly recommend reading the judgement of the Supreme Court in the case of the Thillai Nataraja Temple in Chidambaram (also known as the Sabhanayagar Temple/Chidambaram Temple). The judgement crisply captures the history of the litigation, which informs even a lay reader of the manner in which the 1959 Act and its predecessor statutes such as The Madras Hindu Religious and Charitable Endowments Act 1951 have been used by successive Tamil Nadu State Governments over the decades to encroach upon the independence and autonomy of Hindu religious institutions in the State. The factual matrix also tellingly demonstrates as to how State Governments embroil Hindu religious institutions in protracted legal battles for decades, in this case from 1951 to January 2014 with a brief lull in between, to drain them of their will and resources to stave off statist intrusions.

The 1959 Act itself is the product of a tortuous history, which is replete with litigation. In a nutshell, the promulgation of the 1959 legislation was primarily necessitated due to the landmark judgement of the Supreme Court in The Commissioner, Hindu Religious Endowments, Madras vs. Sri Lakshmindra Tirtha Swamiar of Sri Shirur Mutt, wherein the Court struck down as unconstitutional Sections 21, 30(2), 31, 55, 56, 63-69 and 76 of the 1951 Act. Pursuant to this decision, a number of amendments were carried out to the 1951 Act in 1954, and finally the Act was repealed and replaced by the 1959 Act.

While the 1959 Act has several key provisions which have a bearing on the freedom of Hindu religious and charitable institutions, the three important provisions which were discussed by the Supreme Court in the Chidambaram Temple case were Sections 45, 107 and 116 of the Act:

Section 45 enables the appointment of that creature called the “Executive Officer (EO)” and spells out the powers of the EO to intervene in Temple administration.
Section 107 clarifies that nothing in the Act shall be deemed to confer any power or impose any duty, which is in violation of the rights of a religious denomination under Article 26, except as provided for in Section 106 of the Act and Article 25(2) of the Constitution. While Section 106 deals with removal of discrimination with respect to distribution of prasadams or theerthams, Article 25(2), readers may recollect, has been interpreted by the Supreme Court as being a constitutional limitation on the scope of fundamental rights of religious denominations under Article 26. Article 25(2) permits the State to make laws which: (a) Regulate or restrict any economic, financial, political or other secular activity which may be associated with religious practice or (b) Advance social welfare and reform or provide for the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.
Section 116 of the Act empowers the Government to make rules to carry out the objectives of the Act.
Based on a combined and purposive reading of these three provisions of the 1959 Act and the framework of the Act, the Supreme Court held that the rights of ‘denominational religious institutions’ are to be preserved and protected from any invasion by the State, as guaranteed under Article 26 of the Constitution and reiterated by Section 107 of the Act itself. Having held thus, the Court clarified that a ‘religious denomination’ can only claim to maintain and administer that institution, which has been established by it. Critically, on the issue of the takeover of a religious institution by the State under the pretext of “managing” the administration of the institution, the Court held thus:

“15. The Constitution Bench of this Court in Shirur Mutt (Supra) categorically held that a law which takes away the right to administer the religious denomination altogether and vests it in any other authority would amount to a violation of right guaranteed in clause (d) of Article 26 of the Constitution. Therefore, the law could not divest the administration of religious institution or endowment. However, the State may have a general right to regulate the right of administration of a religious or charitable institution or endowment and by such a law, State may also choose to impose such restrictions whereof as are felt most acute and provide a remedy therefore.”

As for the nature of the activity of a religious institution which can be “regulated” by the State Government, the Court interpreted Sections 44 and 45 of the 1959 Act to hold that the State can regulate only “secular activities” of the institution, but not its religious activities. Observing that the primary and limited object of the framing of schemes for Temple administration under the Act is to remedy maladministration or mismanagement of the Temple, the Court further held that “regulation” must necessarily be limited to achieving the stated goal of such schemes, and must not result in the usurpation of the fundamental right of religious denominations to administer institutions established by them. Here are the unequivocal conclusions of the Court on the issue of indefinite intervention by State Governments:

“47. Even if the management of a temple is taken over to remedy the evil, the management must be handed over to the person concerned immediately after the evil stands remedied. Continuation thereafter would tantamount to usurpation of their proprietary rights or violation of the fundamental rights guaranteed by the Constitution in favour of the persons deprived. Therefore, taking over of the management in such circumstances must be for a limited period. Thus, such expropriatory order requires to be considered strictly as it infringes fundamental rights of the citizens and would amount to divesting them of their legitimate rights to manage and administer the temple for an indefinite period. We are of the view that the impugned order is liable to be set aside for failure to prescribe the duration for which it will be in force.

“Super-session of rights of administration cannot be of a permanent enduring nature. Its life has to be reasonably fixed so as to be co-terminus with the removal of the consequences of maladministration. The reason is that the objective to take over the management and administration is not the removal and replacement of the existing administration, but to rectify and stump out the consequences of maladministration. Power to regulate does not mean power to supersede the administration for indefinite period.”

One couldn’t have captured the restrictions on the State’s power to interfere with Temple administration with greater clarity. While this ruling is certainly a shot in the arm in challenging indefinite or mischievous intrusions by the State into Temple administration, there is more that needs to be done on this front to facilitate exercise of the fundamental rights of Hindu religious and charitable institutions to their fullest potential. In the next part, I will continue with further scrutiny of the 1959 Act.

Article originally published in http://indiafacts.org/can-governments-take-over-the-administration-of-hindu-religious-institutions-vi/ written by Sai Deepak

Sabarimala Temple: Is The Travancore Devaswom Board Expected To Defy A Constitutional Court’s Directions? – V

In my last article as part of this series, I had discussed in some detail the constitutional validity of the position of the Travancore Devaswom Board (TDB) on the issue of entry of women aged between 10 and 50 years into the Sabarimala Temple. Subsequently, I also wrote a piece in OpIndia narrating my experience of taking part in a debate on NDTV on the issue. In this piece, I will discuss the reasoning of a Division Bench of the Kerala High Court in its judgment dated April 5, 1991 on the same issue. A discussion on this judgment is important because:

The Supreme Court is likely to refer to it during the course of the hearings (which are expected to resume on February 8, 2016) in the PIL filed by the India Young Lawyers Association (IYLA); and
Those who are peremptorily calling upon the TDB to allow entry of women aged between 10 and 50 years into the Temple are asking the Board to defy the directions issued by a Constitutional Court in a reasoned decision.
Here are the conclusions of the High Court and the directions issued by it to the TDB:

“44. Our conclusions are as follows:

(1) The restriction imposed on women aged above 10 and below 50 from trekking the holy hills of Sabarimala and offering worship at Sabarimala Shrine is in accordance with the usage prevalent from time immemorial.

(2) Such restriction imposed by the Devaswom Board is not violative of Articles 15, 25 and 26 of the Constitution of India.

(3) Such restriction is also not violative of the provisions of Hindu Place of Public Worship (Authorisation of Entry) Act, 1965 since there is no restriction between one section and another section or between one class and another class among the Hindus in the matter of entry to a temple whereas the prohibition is only in respect of women of a particular age group and not women as a class.

45. In the light of the aforesaid conclusions we direct the first respondent, the Travancore Devaswom Board, not to permit women above the age of 10 and below the age of 50 to trek the holy hills of Sabarimala in connection with the pilgrimage to the Sabarimala temple and from offering worship at Sabarimala Shrine during any period of the year. We also direct the 3rd respondent, Government of Kerala, to render all necessary assistance inclusive of police and to see that the direction which we have issued to the Devaswom Board is implemented and complied with.”



To the best of my knowledge, the judgment of the High Court has neither been stayed nor set aside by the Supreme Court since 1991. Therefore, it continues to apply to the TDB. But what led to the issuance of these directions in the first place?



The directions were issued by the High Court in a writ petition filed by an individual, S.M.Mahendran, who complained that much against the rules which govern the religious practices of the Sabarimala Temple, young women were being allowed to trek the Sabarimala Hills and enter the Shrine, and that ‘V.I.Ps’ were being accorded special treatment. One such ‘V.I.P’ was the former commissioner of the TDB herself, Ms.S.Chandrika, from whom an explanation was sought by the High Court in the hearings in the petition. The Kerala branch of the Indian Federation of Women Lawyers too was allowed to take part in the proceedings so that its views could be heard on the right of women to enter the Temple.



The position of the TDB in its response to the petition makes for a very interesting read and might come as a surprise to “spokespersons” of women’s rights as well as devotees. The Board took the position that women between the ages of 10 and 50 were not allowed in the Temple only during the Mandalam, Makaravilakku and Vishu seasons and that women of all ages were allowed entry in all other months.

The Board, in fact, was of the view that being a statutory authority, it could not violate the rights of any worshipper to enter the Temple. In a nutshell, while the Petitioner contended that women between the ages of 10 and 50 could not trek the Hills or enter the Temple in any month or season, the TDB argued that such women were barred from entry only during the Mandalam, Makaravilakku and Vishu seasons.

The High Court accordingly framed the following questions for its determination:

(1) Whether women between the ages of 10 and 50 could be permitted to enter the Sabarimala Temple at any period of the year or during any of the festivals or poojas conducted in the Temple?

(2) Whether the denial of entry of that class of women amounts to discrimination and is violative of Articles 15, 25 and 26 of the Constitution of India? and

(3) Whether directions can be issued by the High Court to the Devaswom Board and the Government of Kerala to restrict the entry of such women into the temple?

courtAfter discussing various decisions of the Supreme Court on Articles 25 and 26, the High Court observed thus:

“22. The position that emerges is that a religious denomination or organisation enjoys complete autonomy in the matter of deciding as to what rites and ceremonies are essential according to the tenets of the religion. No outside authority has any jurisdiction to interfere with the decision of such religious denomination. Article 26(b) gives complete freedom to the religious denomination to manage its own affairs in matters of religion. The only restriction imposed by that article is that the exercise of the right is subject to public order, morality and health. The freedom of conscience and freedom to speak, profess and propagate religion guaranteed under Article 25 of the Constitution is subject not only to public order, morality and health, but also subject to the other provisions of Chapter III. It necessarily implies that the right to freedom of religion guaranteed under Article 25 is subject to the freedom to manage religious affairs guaranteed under Article 26(b) of the Constitution.”

As discussed in the second part of this series, this has been the position of the law since 1957. I had also written that a religious practice of a religious institution is subject only to public order, morality, health and the power of the State under Article 25(2) to pass a law abolishing the practice to (a) advance the cause of social welfare or reform or (b) to throw open a Hindu religious institution of a public character to all classes and sections of Hindus. In the absence of such a law, and unless the practice is struck down by a Court for being contrary to public order, morality or health, there is no ground under the Constitution for interference with the practice by a Court, even the Supreme Court.

Having thus recognized the fundamental rights of religious denominations to manage their religious affairs, the High Court also observed that the TDB had a statutory duty to enforce the customs of the Temple and had no right to alter or modify them since the religious rules that apply to a Temple (Agamas) have to be strictly observed under the Travancore-Cochin Religious Endowments Act as well as the Constitution.

In other words, according to the Court, even the TDB was not above the religious rules that applied to the Sabarimala Shrine. Critically, in these times of frequent unwarranted interference by State Governments with the functioning of Temple Boards, paragraph 28 of the High Court’s judgment is worth reading because, citing a decision of the Supreme Court, the High Court held as follows:

“…in matters of religion the right of management given to a religious body is a guaranteed fundamental right which no legislature can take away. We have serious doubts whether the State can impose restrictions on the powers of the Travancore Devaswom Board in the matter of regulating its affairs.

Given that the issue of entry of women related to the religious practice of the Temple, the High Court considered the testimony of Shri Neelakandaru who had served as the Thanthri (Priest) of the Temple for over half a century. It needs to be understood that this is the way to give effect to the religious rights of an institution under Article 26 of the Constitution. Had the issue related to a Mosque or a Dargah, the testimony of the religious head of that institution would have been equally critical to the Court’s analysis.

According to the Thanthri, although the Temple was open to people of all castes and genders, women between the ages of 10 and 50 were prohibited from entering the Temple throughout the year even before and at least since 1950, which established the prevalence of the rule for a significant period of time.  As for the basis of the custom, it was submitted to the Court that unlike its forms in other Temples at Achankovil, Aryankavu and Kulathupuzha, the deity in the Sabarimala Temple was in the form of a “Naisthika Brahmachari” i.e. a perpetual student who never wished to take upon himself the duties of a householder.

Since there was no element of discrimination against women or misogyny in the basis for the practice, the High Court held that the bar on entry of women between the ages of 10 and 50 was not violative of the fundamental rights of women on the Constitution, and directed that the bar must be observed strictly by the TDB throughout the year.

At the risk of repetition, to anyone who reads the reasoned and detailed decision of the High Court with an open mind, it would be evident that the restriction on entry of women of a particular age group into the Sabarimala Temple has nothing to do with the so-called “impurity of menstruation” or “misogyny”, which is unfortunate for the Left and flag-bearers of feminism.

bookWhat the Left also does not wish to acknowledge is that in stark contrast to the blanket stance of the trustees of the Haji Ali Dargah that the presence of any woman without exception in close proximity to the grave of a Muslim male saint is a grievous sin in Islam, the position of the Sabarimala Shrine is balanced, reasonable and is not rooted in contempt for women.

That apart, since the Left is so fond of waxing eloquent on upholding the Constitution and the rule of law, is it not guilty of engineering violation of the Constitution by instigating misguided individuals to breach the fundamental rights of Hindu religious institutions alone? Not to mention, in the process trampling upon the religious beliefs of scores of Hindus (including women) who want the religious practices of the Sabarimala Temple upheld and observed.

After all, thus far, the Left has not sponsored a group of women to enter the Haji Ali Dargah against the Dargah’s beliefs and customs. But then, the double standards of the Left is old news. What is important is for people to understand that it is not possible to strictly “rationalize” religion and spirituality in the idiom of modern day secularism and liberalism and dare I say, it shall never be possible because faith is just that- faith. This was recognized by the Supreme Court in the following words, which holds true of all religions:

“Worshippers lay great store by the rituals and whatever other people, not of the faith, may think about these rituals and ceremonies, they are a part of the Hindu Religious faith and cannot be dismissed as either irrational or superstitious”

I am not for a moment suggesting that brazenly regressive and discriminatory practices be either revived or preserved for eternity. However, as the Supreme Court noted in yet another decision, the reformative levers and mechanisms provided to the State in and by the Constitution were “not intended to enable the legislature to “reform” a religion out of existence or identity”. This must be borne even by those who genuinely seek reform. It would also help if such individuals invested efforts in understanding the basis of a religious practice before parroting the Left’s narrative of class hatred and patriarchy.

Surely it is possible to advocate reform without making sweeping allegations against a faith and an entire community. Isn’t this the standard expected of a discourse in relation to Islam and Muslims? Then why should Hinduism and Hindus be exceptions to this standard when the Hindu society has shown an innate propensity for reform from within?

Article originally published in http://indiafacts.org/sabarimala-temple-is-the-travancore-devaswom-board-expected-to-defy-a-constitutional-courts-directions-v/ written by Sai Deepak

Casteism, Misogyny and Rights of Hindu Religious Institutions- IV

Sample these opening lines of a news report in The Hindu on the ongoing hearings before the Supreme Court on the issue of entry of women into the Ayyappa Shrine in Sabarimala:

“Taking a swipe at religious customs and temple entry restrictions violating women’s constitutional rights, the Supreme Court on Monday said no temple or governing body can bar a woman from entering the famous Sabarimala shrine in Kerala where lakhs of devotees throng annually to worship”

“Why can you not let a woman enter? On what basis are you prohibiting women entry… What is your logic? Women may or may not want to go (to worship at Sabarimala), but that is her personal choice,” Justice Dipak Misra, who headed a three-judge Special Bench, pulled up the Travancore Devaswom Board, which manages the shrine.

For a so-called “respectable and credible” news organization, the number of critical flaws in the opening lines alone is mind-boggling:

First, the Supreme Court has not yet arrived at a decision on the issue and these questions are merely being asked by the Court during the course of the hearings, which is natural. Although the questions are relevant, they are in no way indicative, let alone conclusive, of what the final outcome may be. Considering the sensibilities involved, this is an important caveat which a responsible news organization ought to have carried with the report instead of giving the false impression that the Supreme Court has made up its mind on the issue.
Second, the news report is oblivious to the critical distinction between “fundamental rights” and “constitutional rights”. The rights, whose violation is alleged of by the petitioners, are part of Part III of the Constitution which is titled “Fundamental Rights”. The distinction between a fundamental right and a constitutional right is that the former is deemed to inhere in individuals and the Constitution recognizes such inherence, whereas the latter is not deemed to be inherent, but is provided by the Constitution. This is the reason why fundamental rights are “fundamental” (but not absolute), whereas constitutional rights are not. By terming the rights of the petitioners as “constitutional rights”, the news report in fact dilutes the claim of the petitioners. So much for journalistic due diligence.
Third, the rest of the report furthers the impression that the only rights which exist and matter are the rights of the petitioners, while conveniently ignoring the fundamental rights of the Travancore Devaswom Board (which runs the Shrine) under Article 26.
Such blatantly biased news reports, which deftly pit Hindu Temples against women, are to be expected from The Hindu. But what is indeed lamentable is that even otherwise erudite and well-meaning individuals on the Indic Right seem to have unthinkingly bought into this malicious and cockamamie narrative.


Head priest opening the sanctum of the Sabarimala temple.

The popular stance in the discussion on the issue appears to be that the Constitution reigns supreme and therefore no further discussion is warranted on the question of entry into temples. This is a gross over-simplification which could perhaps be partly attributed to lazy research and ignorance, but for the most part must be attributed to this dying need to take a politically correct stand and to pander to the gallery without even attempting to understand the fundamental legal questions involved. After all, the law is not meant only for lawyers and is certainly not beyond the ken of non-lawyers.

The lofty minds spouting free gyaan on the morality and ethics of the issue forget that before a Court of law, the first question that needs to be addressed is whether the position of the Travancore Devaswom Board has a basis in the law, in particular Hindu law and more specifically the Agamas that apply to the Ayyappa Temple. This question is of paramount importance because the Supreme Court has itself held in several decisions that the Constitution gives primacy to religious laws to the extent that they are not based on discrimination or other anti-Constitutional touchstones. In my last three pieces on the rights of Hindu religious institutions, I have demonstrated this position based on the interpretation of Articles 25 and 26 of the Constitution and the latest decision of the Supreme Court on the issue of appointment of Temple Priests which was delivered on December 16, 2015.

“Public Intellectuals” who are eager to comment on the issue and burnish their “progressive” credentials would do well to also read the reasoning of the Supreme Court in Seshammal v. State of Tamil Nadu and N.Adithyan v. The Travancore Devaswom Board. In the former case, while examining the constitutional validity of abolition of hereditary appointment of Priests to Saivaite and Vaishnavaite Temples under the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1970, the Court upheld the abolition under the Amendment Act on the ground that hereditary appointment of Priests had no basis in the Agamas. In other words, the Supreme Court unequivocally upheld the sanctity and supremacy of Agamas within the Constitutional framework so long as they are not based on discrimination of any kind. Following are excerpts from the Court’s detailed discussion on the significance of Agamas:

“The Agamas contain elaborate rules as to how the temple is to be constructed, where the principal deity is to be consecrated, and where the other Devatas are to be installed and where the several classes of worshipers are to stand and worship. Where the temple was constructed as per directions of the Agamas the idol had to be consecrated in accordance with an elaborate and complicated ritual accompanied by chanting of mantras and devotional songs appropriate to the deity. On the consecration of the image in the temple the Hindu worshipers believe that the Divine Spirit has descended into the image and from then on the image of deity is fit to be worshipped. Rules with regard to daily and periodical worship have been laid down for securing the continuance of the Divine Spirit. The rituals have a two-fold object. One is to attract the lay worshiper to participate in the worship carried on by the priest or Archaka. It is believed that when a congregation of worshipers participates in the worship a particular attitude of aspiration and devotion is developed and confers great spiritual benefit. The second object is to preserve the image from pollution, defilement or desecration. It is part of the religious belief of a Hindu worshiper that when the image is polluted or defiled the Divine Spirit in the image diminishes or even vanishes.

 That is a situation which every devotee or worshipper looks upon with horror. Pollution or defilement may take place in variety of ways. According to the Agarnas, an image becomes defiled if there is any departure or violation of any of the rules relating to worship. In fact, purificatory ceremonies have to be performed for restoring the sanctity of the shrine. Worshippers lay great, store by the rituals and whatever other people, not of the faith, may think about these rituals and ceremonies, they are a part of the Hindu Religious faith and cannot be dismissed as either irrational or superstitious. An illustration of the importance attached to minor details of ritual is found in the case of His Holiness Peria Kovil Kelvi Appan Thiruvenkata Ramanuja Pedda Jiyyangarlu Varlu v. Prathivathi Bhayankaram Venkatachrlu and others(1) which went up to the Privy Council. The contest was between two denominations of Vaishnava worshippers of South India, the Vadagalais and Tengalais. The temple was a Vaishnava temple and the controversy between them involved the question as to how the invocation was to begin at the time of worship and which should be the concluding benedictory verses. This gives the measure of the importance attached by the worshippers to certain modes of worship. The idea most prominent in the mind of the worshipper is that a departure from the traditional rules would result in the pollution or defilement of the image which must be avoided at all costs. That is also the rationale for preserving the sanctity of the Garbhangriha or the sanctum sanctorum. In all these temples in which the images are consecrated, the Agamas insist that only the qualified Archaka or Pujari step inside the sanctum sanctorum and that too after observing the daily disciplines which are imposed upon him by the Agamas. As an Archaka he has to touch the image in the course of the worship and it is his sole right and duty to touch it. The touch of any- body else would defile it. Thus under the ceremonial law pertaining to temples even the question as to who is to enter the Garbhagriha or the sanctum sanctorum and who is not entitled to enter it and who can worship and from which Place in the temple are all matters of religion as shown in the above decision of this Court.

 The Agamas have also rules with regard to the Archakas. In Saivite temples only a devotee of Siva, and there too, one belonging to a particular denomination or group or sub-group is entitled to be the Archaka. If he is a Saivite, he cannot possibly be an Archaka in a Vaishnavite Agama temple to whatever caste he may belong and however learned he may be. Similarly, a Vaishnavite Archaka has no place as an Archaka in a Saivite temple. Indeed there is no bar to a Saivite worshipping in a Vaishnavite temple as a lay worshipper or vice versa. What the Agamas prohibit is his appointment as an Archaka in a temple, of a different denomination’ ………….. None others, however, high placed in society as pontiffs or Acharyas, or even other Brahmins could touch the idol, do puja or even enter the Garbha Griha. Not even a person belonging to another Agama is competent to do puja in Vaikhanasa temples. That is the general rule with regard to all these sectarian denominational temples. It is, therefore, manifest that the Archaka of such a temple besides being proficient in the rituals appropriate to the worship of the particular deity, must also belong, according to the Agamas, to a particular denomination. An Archaka of a different denomination is supposed to defile the image by his touch and since it is of the essence of the religious faith of all worshippers that there should be no pollution or defilement of the image under any circumstances, the Archaka undoubtedly occupies in important place in the matter of temple worship. Any State action which permits the defilement or pollution of the image by the touch of an Archaka not authorised by the Agamas would violently interfere with the religious faith and practices of the Hindu worshipper in a vital respect, and would, therefore, be prima facie invalid under Article 25(1) of the Constitution.”

The same position was reiterated in the second case, where the issue before the Court was whether only a Malayali Brahmin may be appointed as a Priest of the Kongorpilly Neerikode Siva Temple in Kerala. Answering the question in the negative, the Court held that since the Petitioner had not led a shred of evidence based on custom/usage/Agamas to support his position, his contention was untenable in law.


Sabarimala Ayyappa Shrine

Therefore, in the context of the Sabarimala Ayyappa Shrine, the question that will need to be examined by the Supremes is whether the bar on entry of women of a certain age group in the Temple is rooted in the history and customs of the Temple and whether such history/custom flows from misogyny. If the Agamas that apply to the Temple reveal that misogyny plays no role in the decision to bar entry of women of a certain age group, and that the bar flows from the edict of the presiding deity of the Temple given the deity’s celibate nature, the bar will have to be upheld because that would be consistent with the Constitutional mandate. Further, given the position of the law on defilement/desecration of the image in a Temple, it is a legitimate and legal question to ask whether the Kannada actor Jaimala ought to have been allowed to enter the sanctum sanctorum of the Sabarimala Temple and touch the image.

While the Supreme Court must be trusted to do justice to the questions before it, the least that can be expected of enlightened members of the Indic Right is that they do not perpetuate the narrative of the Left by attributing misogyny, patriarchy and casteism to Hindu Temples where it is not warranted. Instead, their erudition and standing as “Public Intellectuals” could perhaps be put to better use in the service of the Hindu cause by helping to combat pernicious stereotypes propagated by the Left and its cronies in the media.

If reform is what people wish to usher in, it must be understood that although change is the only constant, reform cannot have the consequence of obliterating the foundations of the faith or altering its core beyond recognition. The Supreme Court itself has held that the essentials of a faith cannot be altered by the Legislature or Courts. Importantly, in Sardar Syedna Taher Saifuddin v. State of Bombay, the Court held that the reformative levers and mechanisms provided to the State in and by the Constitution were “not intended to enable the legislature to “reform” a religion out of existence or identity”. I agree with this position not because these are the words of the Supreme Court, but because this is the right and the balanced position to take in one’s opinion. Simply put, militant progressivism at the expense of the central tenets of a faith or the identity of a religious institution is as bad and abhorrent as religious fanaticism, and therefore deserves the same treatment.

Article originally published in http://indiafacts.org/casteism-misogyny-and-rights-of-hindu-religious-institutions-iv/ written by Sai Deepak

Supreme Court’s Verdict on Appointment of Archakas to Hindu Temples- III

 In the first two parts of this series, I had examined the question of whether the rights of religious institutions under Article 26 of the Constitution may be interfered with by the State, and answered the question in the affirmative based on a combined reading of Articles 25 and 26, and the decisions of the Supreme Court on the issue.

courtBefore I could write a third part on the degree of permissible Statist interference with Hindu religious rights, fortuitously on December 16, 2015 the Supreme Court pronounced its verdict on the validity of a Government Order (GO) issued by the Endowments Department of the Government of Tamil Nadu on May 23, 2006 under which any person, who is a Hindu with the requisite qualification and training, may be appointed as an Archaka/priest in Hindu temples. This GO was challenged in the Supreme Court by Archakas of the Madurai Meenakshi Amman Temple.

The Supreme Court’s reasoning and findings may be summarized, in a nutshell, as follows:



On the issue of locus or the right of the priests to challenge the GO, in Paragraph 10 of the decision, the Supreme Court held that since the issues raised in the petition concerned “the religious faith and practice of a large number of citizens of the country and raised claims of century old traditions and usage having the force of law”, the petitioners had the right to challenge the GO. This is significant because it allows concerned individuals to question and challenge any arbitrary or motivated decision which has a bearing on the practice of their religion.


In Paragraph 36, the Supreme Court reiterated the view that the right of every religious denomination under Article 26(b) to manage its own affairs insofar as matters of religion are concerned, is subject to public order, morality and health and such laws as may be made by the State under Article 25(2)(b) to provide for social welfare and reforms or throwing or proposing to throw open Hindu religious institutions of a public character to all classes and sections of Hindus.


The Court further reiterated the well-settled legal position that whether a religious practice of a group or denomination is a fundamental or essential part of the practice of its faith shall be determined by a Constitutional Court. In the Court’s own words, constitutional legitimacy must supersede all religious beliefs or practices. However, the Court also observed that in deciding the issue, the judiciary must exercise its power with restraint.


Interpreting Article 16(5) of the Constitution, the Court held that the said provision envisages application of the scriptures, in particular the Agamas, not only in relation to administrative appointments in religious institutions, but also to appointment to an office which requires performance of a religious function, such as Archakas. In other words, the Constitution itself attaches importance to adherence to religious laws in relation to the functioning of religious institutions to the extent it is possible to do so within the framework of the Constitution.


According to the Court, in assessing whether a rule prescribed by Agamas in relation to religious practices violates the proscription against untouchability under Article 17 of the Constitution, it must be ascertained whether the Agama is premised on discrimination on the basis of caste, birth or pedigree. If the Agama is not premised on such discrimination, it cannot be held as contravening Article 17 of the Constitution. Consequently, by virtue of Article 16(5), the Agama must prevail and be given effect to. Therefore, 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.
Applying the above reasoning, the Court held that so long as the prescription under a particular Agama prescribed for a temple of a particular religious denomination is not contrary to any constitutional mandate, the blanket mandate of the GO cannot prevail over or supersede the prescription of the Agama. Conversely, should an Agama run afoul of the Constitution by excluding an individual on the basis of caste, birth or pedigree, the GO would prevail. Therefore, the constitutional validity of an Agama and consequently the application of the GO would need to be examined with respect to the Agamas prescribed for each religious denomination. Simply put, the issue is far from over and will need to be addressed in the facts and circumstances of each Agama as and when the issue arises during future appointment of Archakas.

In light of this, it may not be right to jump to the peremptory conclusion that the Supreme Court has struck down the GO for being constitutionally invalid. Instead, the Supreme Court has adopted a more nuanced approach which strikes a balance between preserving the rights of religious institutions to manage their own affairs in matters of religion and the duty cast on the State to prevent discrimination on grounds of caste, birth or pedigree.

In arriving at its conclusion with respect to the GO, the Supreme Court discussed two other landmark decisions, namely Seshammal and Others, Etc. Etc. vs. State of Tamil Nadu, and N. Adhithyan vs. Travancore Devaswom Board and Others. In the next part, I will review these decisions since our understanding of the rights of Hindu religious institutions would be incomplete without making sense of these decisions.

Article originally published in http://indiafacts.org/supreme-courts-verdict-on-appointment-of-archakas-to-hindu-temples-iii/ written by Sai Deepak