CHENNAI, INDIA, December 23, 2015 (by Suhrith Parthasarathy, a Madras-based lawyer): HPI Note: In this older article, Chennai-based attorney parthasarathy explains in detail the legal issues surrounding the training and appointment of non-brahmin priests in Tamil Nadu and the performance of some ceremonies in Tamil instead of Sanskrit.
Previously, in a three-part essay published on this blog, I had previewed a case concerning the appointment of archakas (priests) to Tamil Nadu’s temples which brought to light seemingly significant conflicts between the rights of certain denominations to a freedom of religion and conscience and the state’s duty in bringing forth reform and welfare to society.
From time immemorial, the Agamas have represented a personal law relating, among other things, to the appointment of archakas to Hindu temples. However, through its constant usage and application a convention appeared to have developed by which appointments of archakas were made only on the basis of hereditary succession, usually from within a small denomination of Brahmins. This practice of making hereditary appointments, while not a part of the personal law as contained in the Agamas, came to form a custom, of sorts, and was accorded further legitimacy by Section 55 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, a legislation that was enacted to specifically enable a complete takeover of Hindu temples by the State. The section reads: “(1) Vacancies, whether permanent or temporary, among the office-holders or servants of a religious institution shall be filled up by the trustee in cases where the office or service is not hereditary.” And “(2) In cases where the office or service is hereditary, the person next in the line of succession shall be entitled to succeed.”
In 1970, the Tamil Nadu government amended Section 55. It now read as follows: “(1) Vacancies, whether permanent or temporary among the office holders or servants of a religious institution shall be filled up by the trustee in all cases. Explanation: The expression ‘Office-holders or servants shall include archakas and poojaris.’” And “(2) No person shall be entitled to appointment to any vacancy referred to in sub-section (1) merely on the ground that he is next in the line of succession to the last holder of office.”
Click source below to continue reading this technical presentation of a complex subject.
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