Plea to stop midnight poojas at temples on new year dismissed
Holding that a person as a matter of right cannot seek for a direction to close the temples on January 1 of every year, the Madras High Court has dismissed a plea seeking to direct the Hindu Religious & Charitable Endowments Department (HR&CE) to abstain from opening the Hindu temples at mid-night for western new year celebrations as it is against the ‘Hindu Aagama Rule’.
By : migrator
Update: 2019-07-19 18:46 GMT
Chennai
The division bench comprising Justice S Manikumar and Justice Subramonium Prasad while dismissing the plea moved by A Ashvathaman, a practicing advocate, said, “Contention of the petitioner that there are Aagma rules governing the opening and closing of temples, and there are scientific reasons for the above, have to be proved before aCivil Court.”
“The contention that opening of the temples, at midnight, for western new year celebration, affects his fundamental rights under Article 25 of the Constitution of India, cannot be countenanced for the reason that several thousands of people go to temples on January 1 of every year, and it has become the practice of many, for several years,” the bench said.
Also, on the contention that the AP government, has given specific instructions to Hindu temples not to celebrate the western new year and not to open Hindu temples at midnight on January 1 as it is not in line with the Indian Vedic System, the bench said, “On the reliance to a notification issued in Andhra Pradesh, we are of the view that the same is not binding on State of TN.”
“Religious practices not opposed to public order, health, morality and other parts of the Constitution of India, cannot be curtailed by a Writ of Mandamus,” the bench added.
Ashvathaman, had submitted that even though there is lot of opposition from Hindu people and institutions, the Commissioner, HR&CE, permits the opening of Hindu temples at mid-night for western new year celebration. But as per Aagama Rule, a temple should be closed around 9 pm, every day, after solemnising the “Arthajama pooja” and it should be opened between 4.30 am, and 6.00 am, which is called as Brahma Muhurtham.
“The abovesaid “Aagamangal” state that “Saiva and Vainava temples” are opened at night times only during “Mahasivarathiri” and “Vaikunda Egathesi”, respectively,” he submitted while noting that lot of scientific reasons are there, behind those “Agamangal”, which insist that temples should be opened only after sunrise.
However, rebutting the averments, M. Maharaja, Special Government Pleader (HR & CE), produced the order copy of a Division Bench, which dismissed asimilar petition in 2003 saying the matter is not justiciable.
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