Widows Can’t Be Stopped From Entering Temple; Woman’s Identity Not Dependent On Marital Status : Madras High Court

Jahanvi Agarwal

The practice of excluding a widow from entering temples has come under harsh criticism from the Madras High Court, which has said that it is incompatible with a civilized society where the rule of law is upheld.

In addition, Justice Anand Venkatesh pointed out that a woman’s position and identity are her own and “that cannot in any way come down or be taken away depending upon her marital status.”

The Court observed that:

“It is quite unfortunate that the archaic beliefs that if a widow enters a temple it will cause impurity continue to prevail in this State. Even though the reformers are attempting to break all these senseless beliefs, it continues to be practiced in some villages. These are the dogmas and the rules framed by man to suit his convenience and it actually demeans a woman just because she has lost her husband”

A plea that was filed by a woman named Thangamani requesting police protection to enter the Periyakaruparayan temple in the Erode District and take part in the temple festival scheduled for August 9 and August 10 was being heard in court. The temple’s former Poojari, Thangamani, said that her spouse passed away on August 28, 2017.

The Petitioner also told the court that some people had threatened to harm her because she was a widow and wanted to enter the temple festivals with her son. They said they could not let widows enter temples.

The petitioner and her son are not prohibited by law from attending the festival and engaging in acts of worship, the court said, nor do these respondents have any right to do so.

The Court was of the opinion that:

“In the light of the above discussion, there shall be a direction to the fourth respondent police to call respondents 5 and 6 and clearly inform them that they cannot stop the petitioner and her son from entering the temple and attending the festival. If, in spite of the same, if respondents 5 and 6 attempt to create a law and order problem, action shall be taken against them immediately. The fourth respondent shall ensure that the petitioner and her son participate in the festival both on 09.08.2023 and 10.08.2023.”

Case Name: Thangamani v. The Collector, Erode District

Diary Number: 23119/ 2023

Bench: Justice N. Anand Venkatesh

Click Here to Access the Order.