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Madras HC sets aside single judge's order for dress code for devotees

The sjudge had prescribed dress code for men, women and children.

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The Madras High Court on Monday set aside the order of a single judge prescribing a dress code for devotees visiting temples in the state to offer worship. The matter relates to a petition that was filed before the Madurai Bench of Madras High Court seeking a direction to authorities concerned to grant permission and police protection for "Gramiya Adal Padal Vizha" that was scheduled to be held at Sri Shenbaga Vinayagar temple premises in Trichy district on November 23, 2015.

When the matter came up before the Madurai Bench, the single judge, while passing orders on the petition, suo motu impleaded the state HR and CE board as a party and prescribed a dress code for men, women and children as follows: for men, dhoti or pyjamas with upper cloth or formal pants and shirts and for women, saree or half saree with blouse, churidars with upper cloth and for children any fully-covered dress.

In addition, the judge directed police to prevent devotees, who wear Bermudas, shorts, mini skirts, midis, sleeveless tops, low waist jeans and short t-shirts, from entering any Hindu temple. However, a division bench, comprising Justices V Ramasubramanian and K Ravichandra Babu, while going through the verdict of the single judge, in its order, today said "we are of the considered view that the reasons stated by the single judge run contrary to the word of caution sent by the Supreme Court in various cases."

"First of all, prescribing a dress code for the devotees worshipping in temples was not an issue, which arose directly or indirectly in the writ petition."

"Secondly, there was no prayer by the petitioner seeking the prescription of a dress code for the worshippers in Hindu temples."

"Thirdly, the prayer of the writ petitioner had practically become infructuous as the main relief claimed by him was granted by the interim order itself and that order had also been complied with and therefore, there was nothing in the writ petition to be further adjudicated."

"Hence, the directions issued by the learned Judge beyond the scope of the litigation that was before him cannot be approved," the bench said.

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