MADURAI, March 16, 2013 

Can Agama Shastras override Constitution, lawyers wonder

Say, it is ridiculous to hear that a Dalit can become the President, but not a priest

ON EQUALITY:‘Lets put an end to untouchability inside sanctum sanctorums’ being released in Madurai on Thursday.— Photo: G. Moorthy 

The Constitution guaranteed social equality and equal opportunity for all irrespective of caste, creed and sex. But the Agama Shastras (Hindu treatise on temple management) seemed to override the Constitution and deny such equality in the matter of appointment of temple priests, lamented a group of lawyers practising in the Madras High Court Bench here.


The lawyers had gathered at the Madras High Court Madurai Bench Advocates Association (MAHAA) hall on Thursday for the release of a Tamil book, ‘Lets put an end to untouchability inside sanctum sanctorums.’ Advocate T. Lajapathi Roy released the book, published by the Human Rights Protection Centre (HRPC), and advocate G. Prabhu Rajadurai received the first copy.

Mr. Roy said that the very necessity of releasing such a book in the 21st century proved that caste system had not yet been abolished as declared by the Constitution in 1950. As in the past, temples continued to be the power centres, dominated by people belonging to a particular caste by birth, he added.

Questioning the origin of Agama Shastras and the importance being given to them even by the courts, he said, “A glimpse into the history will show that Aryans are none other than immigrants to India, a land that was once an attractive destination as the United States is today, and they converted the Buddhist and Jain shrines into Hindu temples, besides creating practices favourable to them.”

Lawyer B.S. Meltiue said that HRPC had chosen to release the book on March 14 as it was the same date in 1972 when a five-judge Bench of the Supreme Court had held that a Archaka (temple priest) must belong to a particular denomination because others may defile the image of the deity by their touch, as stated in the Agamas. S. Vanchinathan, Madurai district deputy secretary of HRPC, said that it was ridiculous to hear that a person belonging to a Scheduled Caste or the Backward Classes could assume office as the President of the country but not that of a priest.

M. Thirunavukarasu, president, Madurai Bench High Court Advocates Association (MBHAA), presided over the function.

http://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/can-agama-shastras-override-constitution-lawyers-wonder/article4514791.ece