Non-Hindus can’t be debarred from running business near Hindu shrines: SC

Hyderabad, Dec 20: Non-Hindu people cannot be denied their rights for any business in and around Hindu shrines, said the Supreme Court on Saturday. In a historic ruling, the apex Court said, any other order passed by the Andhra Pradesh High Court against grant of licence or lease to non-Hindus shall cease to operate against the state government and the Srisailam’s Sri Bhramaramba Mallikarjuna Swamy Varla Devasthanam management. The court, in its brief order, clarified that “We direct that none of the tenants or shop owners shall be excluded from participating in the auction or in the grant of leases, including in the shopping complex, solely on the ground of their religion,” ordered a bench of justices Dhananjaya Y Chandrachud and AS Bopanna. The bench, during the hearing, also expressed displeasure at the state government’s order which maintained that “no person professing other than Hinduism as his religion is entitled to obtain lease or licence either to tender-cum-public auction of the shops, malls which are coming under the jurisdiction of AP Charitable and Hindu Religious Institution and Endowments Act, 1987.” However, liquor shop or anything like this in a temple premises can’t be opened,the order read. The Apex court was considering a bunch of pleas against the High Court’s September 2019 judgment affirming the state government order on prohibiting non-Hindus against obtaining lease and licence for shops, malls and shopping complexes belonging to Hindu religious institutions. The petitioners, all Muslims, said that the 2015 government order violated their right to life as they ran shops at these properties leased to them in accordance with norms. “The administration of properties belonging to a religious group are not matters of religion covered under Article 26 (B) of the Constitution of India and that permitting public auction without illegal and arbitrary restrictions does not take away constitutional rights of administration in the hands of a religious denomination,” they contended. According to the petition, many petitioners before the court order were running their shops in the Srisailam’s temple property as tenants since 1980 but were now being discriminated against solely on the basis of their religion. In August 2019, the state government passed orders that only Hindus would be appointed in jobs in Hindu temples. Until then, such policy existed only in the Tirumala Tirupati Devasthanam. The 2019 order issued by the state government said that only persons from Hindu religion are allowed to work in Hindu temples and their departments. If there are any people from other religion working in Hindu temples, as per the order, such persons would be transferred to other departments.