The Madurai Bench of the Madras High Court ordered, on December 2, 2022, a ban on the usage of mobile phones inside all the temples in Tamil Nadu in order to maintain the sanctity and purity of places of worship. The division bench, comprising Justices R. Mahadevan and J. Sathya Narayana Prasad, gave this order while disposing of a Public Interest Litigation (PIL), filed by M. Seetharaman. He sought the intervention by the high court to prohibit the use of mobile phones inside the Subramaniya Swamy Temple at Tiruchendur, in Tuticorin district.
Claims of the Petitioner
The petitioner is of the view that use of mobile phones inside the temple distract devotees and clicking photos of deities and pujas is a violation of the rules of Agamas. The Subramaniya Swamy Temple is an ancient temple, and Agama rules play a vital role in the worship and administration of the temple. These rules of every Hindu temple prohibit the use of cameras to record or shoot photos of the Deeparadhana, pujas, and deities. The petitioner also claimed that photography could endanger the security of the temples because taking photographs of women devotees without their consent could be misused. The petitioner had also demanded better compliance of a decent dress code for maintaining a proper decorum of the place of worship.
Order of the Court
After hearing the petition, the bench has directed the Commissioner of Hindu Religious and Charitable Endowments Department to prohibit the usage of mobile phones inside temples and comply with the directions of the court in all the temples in Tamil Nadu.
The high court has stated that it is pertinent to note that temples are great institutions and they have traditionally been central to everyone’s life. Temples are not only a place of worship but also an integral part of socio-cultural and economic life of people. Additionally, temples are a living tradition that still draw many devotees seeking to experience divinity and spirituality offered by the temple. It further stated that the systems and structures which support this experience, make a temple to have its own management needs.
The judges observed that there could not be any dispute because under Article 25 of the Indian Constitution, all persons are entitled to freely profess, practise, and propagate religion. However, such freedom could be subject to regulations inside the premises of temple. Moreover, there are the Agamas rules regarding the rituals, which state that the temple authorities should ensure that decency of worship and sanctity of temple is maintained.
According to the Tamil Nadu Temple Entry Authorisation Act, 1947, trustees or any authority in-charge of the temple, have the authority to make regulations for the maintenance of order and decorum on the premises of temples. These rules also provide that the regulations should not be prejudiced to the rights and facilities which worshippers had generally exercised.
Other Temples where Ban is in Force
The bench also cited similar ban on mobile phones in the Guruvayur Temple, dedicated to Sri Krishna, Kerala; Meenakshi Sundareswarar Temple in Madurai, Tamil Nadu; and Sri Venkateswara Swami Vaari Temple, in Tirupati, Andhra Pradesh. Many other temples have also successfully implemented the prohibition of the use of mobile phones in the temple premises across the country in order to prevent nuisance to devotees. These temples have separate security counters to deposit mobile phones before entering the premises.
Therefore, the bench directed for the establishment of separate security counters in the temples for devotees to deposit their cell phones before entering the temple complex to avoid any inconvenience. Security personnel would also be deployed to ensure compliance of the orders.
The judges also mentioned that the authorities of Tiruchendur Subramaniya Swamy Temple had taken steps to impose restrictions on the usage of mobile phones by priests, devotees, and others inside the temple. They have appointed self-help groups (SHGs) to supervise the usage of the gadgets and set up counters to deposit them.
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