No place for politics in temples; cannot insist on saffron or politically neutral coloured decorations: Kerala High Court

The Kerala High Court recently held that neither devotees nor the police have any legal right to insist that the colours used for temple decorations should be saffron or "politically neutral" in colour [Sreeraj Krishna Potti MS v Travancore Devaswom Board & Ors.]..A division bench consisting of Justices Anil K Narendran and PG Ajithkumar was hearing petitions related to a recent controversy over the colour of the decorations used for the Kaliyootu festival at Major Vellayani Bhadrakali Devi Temple, which is managed by the Travancore Devaswom Board.The bench underscored that politics has no place in temples and that the festival has to be conducted only in accordance with the customs and rituals of the temple. "Kaliyoottu festival at Major Vellayani Bhadrakali Devi Temple, which is a temple under the management of the Travancore Devaswom Board has to be conducted in accordance with the custom, rituals, and practices of that temple. Politics has no role to play in the conduct of daily worship and ceremonies and festivals in temples. A worshipper or a devotee has no legal right to insist that saffron/orange colored decorative materials alone are used for festivals in a temple under the management of the Travancore Devaswom Board. Similarly, the District Administration or the Police cannot insist that only ‘politically neutral’ colored decorative materials are used for temple festivals," the bench stated in its judgment..Politics has no role to play in the conduct of daily worship and ceremonies and festivals in temples.Kerala High Court.However, the bench made it clear that the Travancore Devaswom Board is free to approach the police in case there is any apprehension that there may be law and order issues in the temple premises that could affect the smooth conduct of the festival.In case that happens, then the police and the district magistrate will be free to take appropriate steps, the bench said..There were two petitions before the Court - one filed by the Temple Advisory Committee and the other by a devotee of the Major Vellayani Bhadrakali Devi Temple.The pleas challenged the orders of a District Magistrate and the Police directing that only "politically neutral" coloured decorations be used at the temples festival. They also sought directions to the concerned authorities to maintain law and order at the temple premises during the festival. .The police in its counter affidavit stated that during previous years, there were disputes between rival groups of devotees supported by political parties regarding putting up of arches, flags, decorations, festoons, etc.This year, some disputes arose between the local residents, after which the District Magistrate issued an order under Section 81 of the Kerala Police Act, 2011, directing the use of only politically neutral colours for decorations. The counter affidavit further stated that the police are not interested in the colour code of decorations put up inside the temple premises but only about that the decorations in public places. It was submitted that they had not made any restrictions on the use of saffron, only that it be used with other colours for the decorations in public places..The Court observed that the provisions of the Travancore-Cochin Hindu Religious Institutions Act, 1950 casts a duty on the Travancore Devaswom Board to ensure that daily worship and ceremonies and of the festivals are held in every temple.It also went through the High Court's own decision in Anil Kumar AG v Travancore Devaswom Board & Ors. and highlighted that even though the police have the right to take steps to maintain law and order at the festival, in a bid to take measures to maintain law and order situation, interference with the conduct of the festival is impermissible..The Court issued directions in line with these observations and disposed of the petitions..The petitioners were represented by advocates Resmi A, R Krishna Raj, Kumari Sangeetha S Nair, ES Soni, and R Pratheesh.The respondents were represented by advocates S Rajmohan and G Santosh Kumar..[Read Judgment]