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2007 DIGILAW 558 (KER)

Mohandas v. State of Kerala

2007-08-23

K.S.RADHAKRISHNAN, V.K.MOHANAN

body2007
Judgment :- K.S. Radhakrishnan, J. This public interest litigation has been filed seeking a writ of certiorari calling for the decision dated 26-7-2007 of Guruvayoor Devaswom Managing Committee permitting women to enter the Sree Guruvayoorappan Temple by wearing churidar instead of the traditional sari and to quash the same and also for a direction to the Guruvayoor Devaswom Managing Committee not to implement its decision dated 26-7-2007 permitting women to enter the Sree Guruvayoorappan Temple by wearing churidar instead of the traditional sari and also for other consequential reliefs. 2. Petitioner submits that the permission granted by the Committee violates Ss.10, 35(1) and 35(2) of the Guruvayoor Devaswom Act, 1978 and Chapter IV R.6 of the Guruvayoor Devaswom Rules. 1980. Counsel submits that under S.35(1) of the Act, a Committee or the Commissioner or the Government shall not interfere with the religious or spiritual matters pertaining to the Devaswom. 5.35(2) of the Act says that the decision of the Thantri of the Temple on all religious, spiritual, ritual or ceremonial matters pertaining to the Devaswom shall be final, unless such decision violates any provision contained in any law for the time being in force. Petitioner submits that it is the custom of the temple that the devotees are not permitted to enter the temple wearing shirt, banyan, pyjama, lungi, chequered clothes, chappels etc. Women are allowed to go inside the Sree Krishna Temple only in saries and all the devotees have to enter the temple with an absolute sense of devotion. Counsel submits that the said custom with respect to the dress code is being followed from time immemorial and the said custom would fall tinder the term "customary rite" of the temple and hence the Committee has no power to alter the performance of such rites and ceremonies in view of R.6 of the Guruvayoor Devaswom Rules, 1980. 3. S.10 of the Guruvayoor Devaswom Act, 1978 deals with the duties of the Committee. 3. S.10 of the Guruvayoor Devaswom Act, 1978 deals with the duties of the Committee. Clause (a) of S.10 stipulates that subject to the provisions of the Act and the rules it shall be the duties of the Committee subject to the custom and usage in the Temple to arrange for the proper performance of the rites and ceremonies in the Temple and also to provide facilities for the proper performance of worship by the worshippers and to ensure the safe custody of the funds valuable securities and jewelleries and the preservation and management of the properties vested in the Temple etc. Contention was raised that such powers can be exercised by the Committee only subject to custom and usage in the temple. R.6 of the Guruvayoor Devaswom Rules also says that the Committee shall not alter or cause to alter the performance of customary rites and ceremonies in the temple. Petitioner submits that wearing of sari by a devotee is a customary rite and therefore the Committee has no power to impose restriction on that custom, resultantly petitioner submits that a devotee cannot come to the temple by wearing churidar but only sari. 4. We find it difficult to accept the contention of the petitioner. We are not prepared to say wearing of sari by a devotee can be considered as a customary rite. True, the Devaswom Committee earlier never permitted wearing of churidar by a devotee, but that does not mean that wearing of sari is customary rite in the temple. Even otherwise the Devaswom Committee has got the power to permit entry of a devotee who wears a dress other than sari. We have not been furnished with any materials to establish wearing of sari is a customary right or customary usage as far as Guruvayoor Temple is concerned. On the other hand, women have welcomed the decision of the Guruvayoor Devaswom Committee permitting them to enter the temple by wearing churidar, which was taken by the Committee consisting of the Thantri of the temple. 5. Society is never still or mute. Customs are habits of action or patterns of conduct, which may relate to dress or rites. Society always moves away from the letter of the law by evolving new practices that may influence or simply bypass existing practices. 5. Society is never still or mute. Customs are habits of action or patterns of conduct, which may relate to dress or rites. Society always moves away from the letter of the law by evolving new practices that may influence or simply bypass existing practices. Customs are habits of action or patterns of conduct and may relate to dress code or to etiquette or to rites surrounding important events of life such as performance of marriage, religious practices etc. Committee has also to move forward taking note of the changes in the society. Wearing of churidars by a devotee cannot be said to be objectionable since the same is a popular dress worn of the women in the country. Under such circumstance we are not prepared to say that the order dated 26-7-2007 issued by the Guruvayoor Devaswom Committee allowing devotees to enter the temple by wearing churidar in any way affects the customary rights of the temple. Writ Petition lacks merit and the same would stand dismissed.