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Judiciary

Use of mobiles can be banned in temples: Madras HC [Read Order]

By LawStreet News Network      05 December, 2022 08:40 PM      0 Comments
Use of mobiles can be banned in temples: Madras HC [Read Order]

NEW DELHI: The Madras High Court has ruled that use of mobile phones and cameras inside a temple can be restricted as the fundamental right to practice religion was subject to regulations.

A bench of Justices R Mahadevan and Sathya Narayan Prasad said it is pertinent to note that temples are great institutions and they have traditionally been central to every one's life. It is not only a place of worship, but also integral to the socio - cultural and economic life of people. It is a living tradition that still draws hundreds of thousands of devotees seeking to experience divinity and spirituality offered by the temple.

The systems and structures which support this experience, make a temple to have its own management needs, the bench added.

The court passed its judgement on a plea by M Seetharaman for directions to prohibit the possession and usage of Android Cell Phones inside the Sri Subramania Swamy Temple, Tiruchendur, Thoothukudi District.

"There cannot be any dispute that under Article 25 of the Constitution, all persons are entitled to freely profess, practice and propagate religion. However, such freedom to act and practise can be subject to regulations, inside the premises of the temple. The Agamas prescribe the rules regarding the rituals to be followed in the worship services at the temple. According to the same, the temple authorities should ensure that decency of worship and sanctity of temple is maintained. Therefore, the usage of mobile phones and cameras inside the premises, which diverts the attention of the devotees from the purpose of visiting the temple, can be regulated by the authorities concerned," the bench said.

The court also noted that ban on mobile phones has been introduced and successfully implemented in temples across the country to prevent nuisance to devotees.

The Sri Krishna Temple at Guruvayur, Meenakshi Amman Temple at Madurai and Sri Venkateshwara Temple at Tirupati are few examples where ban on mobile phones is in force effectively. There are separate security counters in each of these temples to deposit mobile phone before entering the premises. Therefore, this court is of the opinion that similar steps can be taken in the subject temple viz Arulmigu Subramaniya Swamy Temple, Tiruchendur, as well by creating safety deposit counters for mobile phones and preventing the usage of cell phones inside the premises, to maintain decorum and sanctity of the temple, the bench added.

Advocate M C Swamy, appeared for the petitioner while advocates P Subbaraj, and M Muthugeethayan for the opposite sides.

[Read Order] 



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