Madurai: The final hearing on the appeals against a dress code for entering temples administered by the Hindu Religious and Charitable Endowment department in Tamil Nadu witnessed interesting arguments and insightful observations by Justice V. Ramasubramanian on Monday.
“Tradition and culture keep changing over time and one generation cannot follow the practices observed by the previous generation,” the judge said on the day he witnessed a battery of lawyers appearing in support of the dress code listed out by judge S. Vaidyanathan in an order passed on November 15, 2015.
The TN government and two women’s organisations had filed appeals against the imposition of a dress code when these temples are already implementing various restrictions including dress codes as per the customary and traditional practices following the Tamil Nadu Temple Entry Authorisation Act, 1947.
Furthermore, the Act also permitted individual temple managements to prescribe dress codes as per their customs.
Arguing against the dress code before the division bench comprising Justices Ramasubrmanian and Ravichandranbabu, advocate U. Nirmala Rani said that court judgments and legislation have helped change traditional and cultural practices associated with temples and cited the examples of the abolition of sati, devadasi system and widow remarriage.
“Under the dress code stipulated by the impugned order, even the father of the nation Mahatma Gandhi will not be allowed to enter into a temple,” said Rani, who appeared for All India Democratic Women’s Association.
Earlier when a lawyer argued in favour of the dress code stressing on preserving tradition, Justice Ramasubramanian asked, “Why didn’t he sport a tuft as his father would have had?”
When the advocate tried to defend stating it doesn’t hurt anybody, the judge said that some people are trying to defend cultural practices which are convenient to them and criticise those practices which they don’t like. “Are you trying to invent a tradition as per you wishes?” he queried.
“Do you want to introduce the cultural and traditional practices that were followed before the British period?” the judge further asked. When an advocate stated that lawyers and police are following a particular dress code, the judge said that the bar and court is governed by statute that was framed by authorities during the modern period, but religious practices in the temple are age-old customs not governed by law.
Before he reserved order in the case, the judge also asked why so many lawyers have lined up in the court in favour of the dress code.
