The Kerala High Court has declared caste or lineage-based selection in temple priest appointments unconstitutional. The Court stated that selection will now only be based on merit and qualification, and traditional caste practices will not receive legal recognition.
Kerala: The Kerala High Court, in a significant ruling, has stated that being from a specific caste or lineage is not a prerequisite for the appointment of a temple priest (Santhi/Pujari). The Court declared the caste-based selection of traditional Tantri families as unconstitutional and clarified that it cannot be considered part of the religious freedom guaranteed by the Constitution.
Petition by Tantri Samajam
The Akhila Kerala Tantri Samajam and its president, Easwaran Namboodiripad, had challenged the decision of the Travancore Devaswom Board (TDB) and the Kerala Devaswom Recruitment Board (KDRB). The Samajam argued that the process of issuing certificates from Tantra Schools was undermining traditional Tantric education. The petitioners claimed that, according to Agamic and Tantric texts, the appointment of a priest is an essential part of religious practice and should receive protection under Articles 25 and 26 of the Constitution.
What the Court Said
While respecting Tantric traditions, the Court stated that the appointment of a priest is fundamentally a secular act. The Court noted that the petitioners sought to maintain hereditary privileges and caste-based recruitment. The court clarified that selecting a priest from a specific caste or lineage is not an essential part of religious practice, custom, or worship.
Recognition of Tantra School Process
The Court described the process of issuing certificates from Tantra Schools as transparent and stringent. Students who complete the curriculum must undergo an initiation ceremony, which signifies their preparation for duties to be performed in the temple. The final selection is based on merit and involves learned and renowned Tantris.
Claim of Religious Denomination Rejected
The Court also rejected the Samajam's claim of being a religious denomination. The court stated that the institution had neither demonstrated a distinct belief system nor presented an organizational structure, both of which are necessary to attain the status of a religious denomination.
The Court further stated that any pre-constitutional practice or custom that goes against human rights, dignity, or social equality cannot be granted the status of law. The claim of selecting priests based on caste or lineage was declared unconstitutional on this very ground.
