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Non- Brahmins can function as temple priests, rules SC

Non- Brahmins can function as temple priests, rules SC

Author: Rakesh Bhatnagar
Publication: The Times of India
Date: October 5, 2002
 
In a blow to those who advocated Brahmins only for priesthood, the supreme court has ruled that non-Brahmins can also perform religious ceremonies and work as temple priests as long as they are well versed with the relevant rituals and rites.

Throwing open all Hindu religious institutions including temples - to all classes and sections of Hindus, the court said, "Any custom or usage irrespective of even any proof of their existence in pre-constitutional days cannot be countenanced as a source of law to claim any rights when it is found to violate human rights, dignity, social equality and the specific mandate of the constitution and law by parliament".

The court added: "No usage which is found to be pernicious and considered to be in derogation of the law of the land or opposed to public policy or social decency can be accepted or upheld by courts in the country".

Resolving a dispute over the appointment of a non-Malayali Brahmin as the priest of an ancient temple managed by the Travancore Devaswom Board, a Bench comprising Justice S. Rajendra Babu and Justice Doraiswamy Raju also sought to delve into various issues of vital constitutional, social and public importance having certain religious overtones.

Upholding a Kerala high court judgment which held that it was not essential that only a Brahmin, who was not qualified nor versed with the rituals, could become the priest of the temple, the Bench recalled a 1966 judgment which had said: "Hinduism is far more than a mere form of theism resting on Brahminism".

The court also referred to Article 17 of the Constitution which abolishes untouchability and recalled revelations made in the Gita and Mahatama Gandhi's dream that all distinctions based on castes and creed must be abolished and "man must be known and recognised by his actions, irrespective of the caste to which he may on account of his birth belong".

Emphasising the importance of daily rituals, poojas and recitations to maintain the sanctity of the idol, the Bench said "no doubt only a qualified person well versed and properly trained for the purposes alone can perform poojas in the temple since he has not only to enter into the sanctum sanctorum but also touch the idol installed there".

The court further said that if traditionally or conventionally, in any temple, all along a Brahmin alone was conducting poojas or performing the job priest, it may not be because a person other than the Brahmin was prohibited from doing so.
 


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