Kerala HC orders devaswom boards to keep temple premises free of politics

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The Kerala High Court has directed three prominent devaswom boards in the state to ensure that premises of temples under their control are not used for any political activity.

The direction to the Travancore, Cochin and Malabar Devaswom Boards was issued by a bench of justices Raja Vijayaraghavan V and K V Jayakumar on a plea by an Ernakulam resident N Prakash.

In his plea, Prakash had claimed that various temple premises, like the Tali Temple at Kozhikode, Sree Indilayappan Temple at Attingal and Kadakkal Devi Temple in Kollam, were used for the promotion of political activities.

"Such activities are inappropriate and hurt the feelings of the devotees," he said.

The Malabar Devaswom Board had told the court that it was "not pragmatic" for the Devaswom Boards to issue directions regulating the selection of any forms of events or performing acts, other than those connected with the customary poojas, rites, and rituals of the temple.

It also said that misuse of the temple and its precincts, by violating the provisions of the Religious Institutions (Prevention of Misuse) Act, 1988, was actionable under the said law and no direction from the court was necessary.

Moreover, innumerable people had participated and enjoyed the cultural events referred to by Prakash, it said.

After hearing both sides, the court said that the Religious Institutions (Prevention of Misuse) Act states that a temple or its manager shall not use or allow the use of its premises for the promotion and propagation of any political activities.

The court also pointed out that the Act prohibits the use of funds of religious institutions for the benefit of any political party.

It also prohibits any ceremony, festival, congregation, procession etc., organised or held in the temple to be used for any political activity, the bench said.

The bench directed the three devaswom boards to "ensure that the premises of the religious institutions under their control or superintendence shall not be used for the promotion or propagation of any political activity" and that provisions of the Act are "scrupulously complied with within the various temples under their control or superintendence".

If any violation of the Act was brought to the notice of the Boards, they have to inform the law enforcing authority without any delay so that appropriate action can be taken in accordance with law, the bench directed in its order of August 23.

The court further directed the Boards to issue fresh directives to the religious institutions under their control of superintendence to ensure that the provisions of the Act are strictly adhered to.