G Selva
ON February 24, 2023, the Madurai bench of the Madras High Court issued a controversial judgment, quashing the appointment of trained non-brahmin priests at the Arulmigu Subramanya Swamy Temple in Srirangam taluk, Trichy. The ruling, delivered by Justice GR Swaminathan, has sparked outrage and protests among people from all walks of life.
CPI(M) has pointed out that in the present day, the role of the priest is not limited to brahmins alone. Anyone who has received the necessary training, knowledge, and government certification can serve as a priest, regardless of their caste. This is a positive development that does not contradict the beliefs of religious followers. It is important to remember that agama (tradition) rules are not above the constitution, and there is a risk that reactionary ideologies, such as those promoted by the Sangh Parivar, could seek to return us to a society based on discriminatory manuvadi principles and push back equality and social reform.
HISTORY OF THE STRUGGLE
Tamil Nadu has a long history of movements against caste inequality and oppression in the worship of God. In 1969, as soon as the DMK came to power, Thanthai Periyar announced a protest demanding that members from all castes be made priests in temples. Responding to this demand, the then chief minister Kalaignar repealed the traditional policy of appointment based on succession in the appointment of all sections of Hindu temples and amended the act in the Assembly on October 2, 1970.
However, 12 petitions challenging the act were filed in the Supreme Court, which ruled that succession cannot be claimed in the appointment of priests. If the agama rules are violated in the appointment of the priest, the victims can approach the court again. This ruling, known as the Seshammal case, forms the basis of many of the Supreme Court's subsequent rulings.
In 1982, an expert committee chaired by Justice S Maharajan was constituted to investigate the system of appointment of priests in temples in Tamil Nadu. The committee's final report stated that "the appointment of a priest can be made on the basis of merit, without distinction of caste and creed, and not on the basis of birth, which is not systematically contrary to the Agamas."
In 2006, a high-level committee chaired by Justice AK Rajan was formed to advise the government on archakas training school, syllabus, agama temples, etc. The committee conducted a study of 17 Saiva temples, six Vaishnava temples, and nine other temples.
The report of the AK Rajan Committee highlighted the issue of unqualified people without proper training being appointed as priests. It also brought to light the fact that some smartha brahmins, who do not believe in idolatry, were serving as priests in certain temples. The committee recommended a syllabus and duration of training for the priest training school, along with guidelines. It also advised the government to provide training in Tamil medium to extend the worship system in Tamil to all temples.
In pursuance of this, the government of Tamil Nadu established six archaka training schools at Triplicane, Tiruvannamalai, Srirangam, Palani, Madurai, and Tiruchendur. While thousands of students apply for admission, only 240 students are selected for the training, with 40 students per school.
However, some brahmin organisations, including the Tamil Nadu Brahmin Association, Tamil Nadu Andhanar Association, South Indian Brahmin Association, and Adi Sivachariyar Sangam, have issued statements opposing brahmins teaching mantras in Sanskrit to non-brahmin students in these schools. They have warned that any brahmin who defies their directive would face exclusion from the Hindu and brahmin castes.
Despite these challenges, 206 students successfully completed the archaka training course in 2007 with the assistance of the Tamil Nadu government.
In line with the DMK's election pledge to appoint priests from all castes, the M K Stalin-led Tamil Nadu government conducted interviews for priest appointments. Out of the 75 applications received, 28 candidates were selected, with 24 of them appointed as priests and four others given positions at Madapalli by the government. Notably, five of the appointed priests belong to Scheduled Castes.
MADRAS HC VERDICT STALLS PROGRESS
In 2020, new rules were implemented by the Hindu Religious and Charitable Endowments Department stating that those enrolled as priests in temples should be between the ages of 18 and 35 and be trainees in agama schools.
However, over 10 individuals, including the All-India Adi Sivachariyar Seva Sangha, filed a petition in the Madras High Court challenging these rules and enabling the appointment of priests from all castes. The principal bench, led by Chief Justice Munishwar Nath Bhandari, delivered a judgement in August 2020 that hindered progress made over the past several decades in this area.
The judgement stated that "the rules laid down by the Endowments Department for agama temples, especially for the appointment of priests, are not valid." It also recommended that a committee be constituted under the chairmanship of Justice Chokkalingam to differentiate agama temples from non-agama temples, and that the appointment of priests in agama temples should be based on the agamas. The committee would consist of five members, including Prof. Gopalaswamy of the Sanskrit College, Chennai, and any violations could be taken up in court.
In 2002, the Supreme Court of India made a landmark decision in a case related to the state of Kerala. The court ruled that the argument that only Malayali brahmins can become priests in Kerala temples was invalid and that all Hindus with proper educational qualifications could become priests. However, the Madras High Court has ignored this verdict and rejected the Supreme Court's ruling that the appointment of priests is a secular step of the government.
Unfortunately, the lawyers who represented the government of Tamil Nadu in the case did not strongly articulate the policy position of the government. They failed to cite the recommendations of the government-appointed committees and the judgments of the Supreme Court that supported the government's position. The Sanatan forces have taken advantage of this situation and have cited judgments that undermine the government's position.
What is even more concerning is that the government of Tamil Nadu has not yet filed a review petition challenging the verdict. No public discussion has taken place on this issue, which could have significant implications for the future of the appointment of priests in Hindu temples.
In the recent verdict by Justice GR Swaminathan of the Madurai bench of the Madras High Court, the appointment of Prabhu and Jayabalan as priests at the Subramanya Swamy Temple in Trichy, made by the Tamil Nadu government's Department of Charitable Endowments, was quashed. However, during the hearing of the case, Justice GR Swaminathan made comments that raise concerns about his impartiality.
Specifically, he made a statement to senior advocate ARL Sundaresan suggesting that not everyone can go inside the sanctum sanctorum and perform puja, saying "I am a smartha brahmin and I cannot go into the sanctum sanctorum myself". This statement seems to reflect his personal beliefs rather than the law.
Furthermore, when senior advocate Ajmal Khan pointed out that the temple administration has the sole powers to make rules about appointment of personnel under its jurisdiction, Justice Swaminathan made a remark about Muslims and Christians being allowed in temples and performing pujas, which seemed to distort the fact presented by the lawyer. Such comments not only raise concerns about the judge's impartiality but also suggest a bias towards the sanatana principle, which is a cause for alarm in a secular democracy like India.
SILENT REVOLUTION OF KERALA
In the above context, it is important to highlight the progressive steps taken by the Travancore Devaswom Board in Kerala to address the issue of appointment of non-brahmin priests in temples. In October 2017, the board appointed 36 non-brahmin priests, including six from Scheduled Castes, as priests in Kerala. These appointments were made based on exams conducted by the Kerala Examination Board for non-brahmin candidates. This marked a significant step forward towards ending the hegemony of brahmins in the temple priesthood in Kerala.
The appointment of non-brahmin priests was hailed as a historic and transformative move by Devaswom minister Kadakampally Surendran who termed it as a peaceful revolution in Kerala. The initiative was also praised by Tamil Nadu Chief Minister M K Stalin. However, it is disappointing to note that only the RSS in Kerala opposed the appointment of non-brahmin priests, which reflects their regressive and divisive ideology.
The sanatana forces have also been opposing the use of Tamil language in conducting archana and kumbabishekam. Recently, a spiritual team led by speaker Sugisivam went to Tirunelveli to seek feedback on conducting kumbabishekam in Tamil, as per the court verdict. However, during the committee hearing, BJP members disrupted the proceedings and engaged in violent behavior. They also resorted to hurling insults at the spiritual elders. It is contradictory that they claim to be a party for Hindus, yet they resort to slandering and defaming the spiritual elders.
In light of the Madurai bench of the Madras High Court's verdict, which seeks to undo years of protests and movements against untouchability in temples with a single judgment rooted in sanatan principles, the Central Chennai district committees of the CPI(M) and the Tamil Nadu Untouchability Eradication Front have planned to raise awareness about the dangers of this ruling.
On March 28, 2023, a pamphlet campaign was held in front of all the temples, urging the Tamil Nadu government to appeal against the court verdict on the appointment of two priests in the Trichy Murugan temple. Various personalities, party office bearers, and members of class and mass organisations participated in the movement.
This was followed by a public meeting at Villivakkam on April 1, 2023, which saw a large turnout. At the meeting, G Ramakrishnan, CPI(M) Polit Bureau member, strongly criticised the Madurai High Court verdict, emphasising the need for the Tamil Nadu government to appeal against the judgment based on sanatan principles. Ranganathan, the president of the Archaka Students' Union, highlighted the "heinous and harmful acts" being carried out against the archaka students by the sanatan forces during and after their training. Advocate Vanchinathan, who is working in the court for the rights of priests, shed light on the sanatan politics behind the Madurai High Court's verdict and particularly on the remarks made by Justice GR Swaminathan during the case hearing, which were indicative of a dominant caste mentality.
The government of Tamil Nadu must take a strong stand and legally challenge the verdict of the Madras High Court regarding agama temples and the removal of government-appointed priests by the Madurai bench. An ideological dialogue in the people's forum can aid in this fight against discrimination based on caste and sanatanism.
The ongoing battle against caste-based discrimination in places of worship is a continuation of the struggle for self-respect. Democratic forces must carry on the constructive work that has already taken place in the political, social, and cultural realms of Tamil Nadu.
All religious sects in Hinduism should recognise the democratic principles of the fight for their rights and ensure that archana and kumbabishekam are conducted in Tamil.
The toxic forces of the RSS-BJP that exploit the devotion of the people to promote an authoritarian culture must be exposed in the people's forum.
