LI Network
Published on: November 25, 2023 at 00:07 IST
The Karnataka High Court has rejected the closure of a criminal case involving individuals accused of obstructing a Scheduled Caste (SC) family from entering a temple and subjecting them to physical assault [Pandurangabhat and ors v. State and anr.].
Justice M Nagaprasanna emphasized that the deity within a temple does not belong to a select few, asserting that any form of untouchability, bigotry, or discrimination is unacceptable.
“The deity in the temple cannot even be imagined to belong to a few. Worshipping the deity, by entering into the temple, is to be given to one and all. Any kind of bigotry or discrimination is unacceptable. Trial in such cases cannot be interdicted,” stated the Court.
Consequently, the Court refused to halt criminal proceedings against eight individuals accused of preventing the SC family from entering the Gadi Chowdeshwari Temple, claiming their entry would render the temple “unholy.”
The accused are also alleged to have verbally abused and physically attacked the family, including a woman, her husband, and their child.
The Court expressed concern over the persistence of untouchability in rural areas, despite its constitutional abolition. Temples, symbolizing unity and inclusivity, should not be arenas for the denial of entry and worship rights to scheduled castes and scheduled tribes, noted the Court after examining the allegations.
The accused’s regressive attitude, denying entry solely based on caste, was deemed unacceptable by the Court, urging an end to such discrimination.
Additionally, the Court clarified that a “temple” qualifies as a public place under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act). Abuse of a person from a Scheduled Caste near a temple invokes Section 3 of the SC/ST Act, the Court ruled.
The case involved a 2016 incident where the complainant and her family faced assault and caste-based derogatory remarks when attempting to visit the Gadi Chowdeshwari temple. The criminal complaint filed against eight individuals cited charges under Sections 3(1)(10) and (11) of the SC/ST Act, along with various sections of the Indian Penal Code (IPC).
While the accused argued that the SC/ST Act wouldn’t apply as the alleged abuse occurred within the temple, which they deemed not a “public place” or a “place of public view,” the Court disagreed.
The Court dismissed the accused’s plea, allowing the trial to proceed.
