A Division Bench of the Madras High Court Bench on Monday stayed an order passed by a single judge on November 26 directing the State Government to implement from January 1 a dress code for men, women and even children wanting to enter almost all temples across Tamil Nadu.
Justices V. Ramasubramanian and N. Kirubakaran granted the interim stay on a writ appeal preferred by the State Government and argued by Advocate General A.L. Somayaji who contended that it may not be possible to force devotees and others to wear only those dresses which were prescribed by the single judge.
The AG contended that there could be a conflict between the code prescribed by the single judge and the Tamil Nadu Temple Entry Authorisation Act, 1947 which lays down several restrictions on entry into temples besides permitting individual temple managements to prescribe dress code as per the their customary and traditional practices.
According to the dress code prescribed by the single judge and ordered to be implemented in all HR and CE temples from January 1, men should wear "dhoti or pyjama with upper cloth or formal pants and shirts” and women “sari or half sari or churidhar with upper cloth.” Children could come in “any fully-covered dress.”
The order was passed while disposing of a writ petition filed by one Rasu, seeking permission for Bharatanatyam and Gramiya Aadal Paadal (cultural programmes) in view of Kudamuzhukku Vizha of Shenbaga Vinayagar Temple at Akkiyampatti village in Marungapuri Taluk in Tiruchi district on November 21 and 22.
Justice S. Vaidyanathan had initially passed an interim order on November 20 granting permission for the events on condition that the devotees and other attendees should adhere to a dress code prescribed by him to "enhance the spiritual ambience among the devotees" and report compliance by November 26.
Subsequently, while disposing of the main writ petition, he, suo motu, impleaded the Secretary, Tourism, Culture and Religious Endowments Department, also as a respondent to the case and directed him to implement the dress code prescribed by him in all temples until the State Government takes a policy decision on the issue.
"The temples which are not coming within the purview of the Government shall enforce their own dress code… Police shall not allow devotees inside any Hindu Temple of Tamil Nadu who wear dresses other than the one prescribed," the judge ordered.
He, however, made clear that institutions such as Subrahmanya Swamy Temple at Tiruchendur in Tuticorin district where men were not allowed with upper cloth could follow their customary practices.
Observing that the object of imposing a dress code was to restrict devotees who visit temples in "improper clothing," such as "bermudas, shorts and low waist jeans," the judge said that all religions, including Christianity and Islam, prescribe a decent, neat and disciplined dress code in their shrines.
