The Supreme Court refused to hear a petition challenging the 'VIP' darshan facility in temples in India.
At the same time, the court also refused to issue any direction under Article 32, but said that getting such 'special facility' in temples is arbitrary. Apart from this, the court told the state governments that appropriate action should be taken on this issue if necessary.
What did the bench say?
In fact, during the hearing of a writ petition seeking the abolition of VIP darshan fee levied by temples across the country, the bench of CJI Sanjeev Khanna and Justice Sanjay Kumar, the counsel for the petitioner stressed the need for the states to bring some kind of 'standard operating procedure' for availing darshan in famous temples. He said that giving special facilities to some people is arbitrary and a violation of the principle of equality. Stampede incidents also occur due to the lack of any SOP.
What was the argument given?
He argued that today 12 Jyotirlingas, all Shaktipeeths are following such a practice, it is completely arbitrary. Let the state formulate some kind of SOP. Please make specific prayers regarding the specific issue, he said. However, the bench agreed that special treatment for darshan is arbitrary. The court cannot issue directions under Article 32. It is a policy matter for the consideration of the government.
What else did the Supreme Court say?
The apex court said that we believe that there should be no special treatment with regard to entry into temples, but we do not think that this is a fit case to exercise jurisdiction under Article 32.
The petition said that the practice of providing special or quick 'darshan' in temples under an additional 'VIP' darshan fee is violative of the principle of Articles 14 and 21, as it discriminates against devotees who cannot afford such expenses. Charging an additional fee of up to Rs 400-500 in the temple lacks consideration for ordinary devotees who face many physical and financial constraints.
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