The Kerala High Court has dismissed a writ petition seeking action against two Christian priests who had entered a temple in Pathanamthitta district in their religious clothing to attend a function, observing that laws and rules should not be used to foment disharmony.

The petition was filed by a devotee seeking action against the authorities of the Sree Parthasarathy Temple in Adoor, where the priests had entered in 2023 on an invitation.

The petitioner had argued that their entry violated the 1965 Kerala Hindu Place of Public Worship Authorisation of Entry Act and the rules framed under it, which restrict the entry of non-Hindus into temples.

The Sree Parthasarathy Temple is administered by the state-run Travancore Devaswom Board.

The petition relied on Rule 3(a) of the Kerala Hindu Places of Public Worship Authorisation of Entry Rules, which prohibits the entry of persons who are not Hindus in the temples.

However, the court noted that the Act does not contain such a restriction, and the bar is only in the Rules.

Dismissing the petition on January 30, a bench of Justices Raja Vijayaraghavan and KV Jayakumar observed that it was for the state government to examine whether Rule 3(a) required reconsideration, amendment or modification to bring it in “consonance with the legislative intent and constitutional principles”.

The court also noted that the Christian priests had been allowed to enter the temple as guests, and that the entry had not been claimed as a matter of right. As a result, it could not be construed as a violation of the Act or the Rules, it said.

The court also observed that the law should evolve with the “changing needs and realities of society”.

“The very object and purpose of law is to secure social harmony and promote the welfare of citizens,” the bench said. “As society advances and becomes more inclusive, statutory provisions and subordinate legislation must be interpreted in a manner that advances constitutional values and social cohesion.”

The court added: “Statutes, rules and regulations ought not to be permitted to become instruments for fomenting discord or disharmony between different religions, castes, sub-castes or communities. On the contrary, the legal framework must function as a unifying force that fosters mutual respect and coexistence.”