[Plea for bar on non-Hindus in temples] Are we one country or divided by religion: Madras High Court asks

The Madras High Court on Friday made some strong observations while hearing a public interest litigation (PIL) petition seeking bar on entry of non-Hindus into Tamil Nadu's temples [Rangarajan Narasimhan v. The Additional Chief Secretary to Government and ors]..A Bench of Chief Justice MN Bhandari and Justice D Bharatha Chakravarthy remarked that recent events showed that the attempts are being made to divide country on the basis of religion.The Court adjourned the matter for ten days.While doing so, Chief Justice Bhandari made some strong observations on the prayers involved."Are we one country or divided by religion? What message are we sending?...How can a general direction be given for signboards outside temples about dress code etc? Recent current affairs show attempt to divide country by religion," he said..The Bench was hearing a batch of petitions seeking enforcement of rules and customs in State temples. Among other things, the petitioner sought that non-Hindus be barred from temples and those allowed follow dress codes, as per the Tamil Nadu Temple Entry Authorization Act.The affidavit by the petitioner submitted that Rule 4-A of the said Act, which allowed entry of non-Hindus subject to conditions, is ultra vires the Court's earlier judgment as well as the Agama Shastras. .As per the petitioner, the Agama Shastras, sacred texts which vary from one Temple to another, govern aspects including selection of place where the temple will be constructed, characteristics of the deity, management of the temple, maintenance of the physical structure, conduct of poojas and festivals in the temple, and the performance of rituals.It was claimed that Agama Shastras consider the entry of non-Hindus into temples as a "defilement of purity" and thus non-Hindus cannot enter a Hindu temple. Further, Rules made under the Tamil Nadu Temple Entry Authorization Act, 1947 specify that non-Hindus are not allowed inside a Hindu temple.As a result of non-Hindus entering temples, several temples will have to do Prayaschita, an elaborate and expensive affair, almost every single day. This, the petitioner contends, directly affects the fundamental right for religious freedom guaranteed by Article 26 of the Constitution of India to Sanathana Dharma religious denomination temples..He thus prayed for a direction to put up necessary visible sign boards at prominent places highlighting these Rules and to issue a circular specifying that "non-Hindus and foreigners who are not Hindus, are strictly not allowed inside the Hindu Temples for any reason whatsoever and to only allow Hindus who have taken bath, and who wear clothes of such materials and in such manner as is customary in such temple as defined in Rule 4 and consequentially enact a Rule to punish those who violate these rules in accordance with Indian Penal Code S. 294, 295, 295 A and 296.".The petitioner also sought the following directions to be issued to the Commissioner of the Hindu Religious & Charitable Endowments Department:- Ban the sale of eatables and other items inside the temple premises that are not directly related with the religious practices and customs and traditions of the temple- Ban the entry and plying of light or heavy vehicles inside the premises of the Temple- Put up necessary visible sign boards clearly mandating the dress-code to be followed in temples..The petitioner, Rangarajan Narasimhan argued his case in person, while the State was represented by Advocate General R Shunmugasundaram.The petition was filed through advocate A Dhanalakshmi.