Capturing Devotion: Examining the case for Mobile Phone Bans in Religious Sites

BACKGROUND:

In recent years, there have been several cases where either the High Court or temple officials have prohibited the use of mobile phones and electronic devices within temple grounds. A notable example is the recent total ban on mobile phone usage at the Ram Janambhoomi Temple in Ayodhya. The Madras High Court issued an order in 2022, instructing the Commissioner of the Hindu Religious & Charities Endowments Department to enforce a ban on mobile phones in all temples across Tamil Nadu, making it the first state in India to implement such a rule in every temple.

NEGATIVE INFLUENCE OF MOBILE PHONES:

For many individuals, the prohibition of mobile phones within temples may appear excessive and unjustified, as these devices serve as a way to capture the essence, presence, and appearance of their deities. Pilgrims often rely on their phones to preserve memories from their spiritual journeys and to feel a connection with their idols. However, this sentiment has been compromised by the growing influence of media and communication. In the past, visiting temples and pilgrimage sites was primarily an act of devotion and reverence, but it has increasingly transformed into a platform for self-promotion, boosting follower counts for social media influencers, generating income, and providing entertainment for younger generations through prank videos and inappropriate photography on temple grounds.

BREAKDOWN IN ARTISTIC CONNECTIONS DUE TO RISE OF TECHNOLOGY:

Statues of deities and the architectural design of temples in India have long been regarded as both artistic expressions and historical symbols. With the advent of the internet and technology, the influence of mobile phones on the sanctity and purity of these sacred spaces has become unavoidable.

Reasons for the Ban:

The primary reason mobile phones are banned in temples is that they disturb the purity and sanctity of temples but other reasons responsible for such ban are:

1. Source of disturbance and hindrance to devotees: Many religious sites are considered sacred, the presence of cameras and mobile phones can disrupt the spiritual atmosphere, particularly in temples where devotees often seek solitude and introspection.
2. Misuse of images: Many devotees take out high definition pictures and videos of the main deity which are then circulated online, sometimes these pics are also morphed to mislead the general public and being high in value they are also used for commercial purposes.
3. Privacy of worshippers: Respecting the worshippers is crucial because some people like to keep their religious practices to themselves. When they are photographed without permission, it can make them feel uneasy and lead to a bad impression of the temple for them.
4. Security reasons: Big events at temples can create major security issues. Terrorist attacks or bomb threats often target crowded public places, making temples and religious sites prime targets. Limiting the use of cameras and electronic devices can help prevent problems down the line, as it keeps important details about entry and exit points from being shared.
5. Cultural sensitivity: Taking images and representation of any sort is highly discouraged in some religions as it goes against their long-standing traditional beliefs.
6. Preservation of art and architecture: Flash photography can be sometimes damaging to ancient artwork and architecture. 

All the above mentioned reasons aren’t rigid, there are some exceptions to them. As these regulations can vary by location, with some temples allowing phones but restricting photography, while others enforce a complete ban. Many Indian temples livestream their events regularly, and especially during festivals, giving their devotees a chance to get darshan of their idol without hurting any religious sentiments. 

CRUCIAL CASES RELATED TO A BAN ON PHOTOGRAPHY OR VIDEOGRAPHY INSIDE TEMPLES:

Some of the most prominent incidents or cases are:

1. The most recent is the incident where Madras High Court has ordered action against a trustee and employees of the Devi Karumari Amman Temple who were seen recording a video inside the temple.
2. Recently, on October 8th, the Kerala High Court, while hearing a writ petition regarding the filming of the movie 'Vishesham' inside the Sree Poornathrayeesa temple in Tripunithura, Kerala, issued a ban on filming any movies or videos within the temple premises overturning the decision by the Cochin Devaswom Board (CDB) which permitted the commercial film shooting. Kerala HC also prohibited film shoots in temples, and ordered that videography is only allowed for religious ceremonies and marriage functions at the Guruvayur Sree Krishna Temple.
3. In December 2022, Madras High Court while hearing a public interest litigation filed by M Seetharaman, who argued that the use of mobile phones in temples was contrary to Agama Rules, and endangered the security of the temple and its valuables ordered a ban on mobile phones in all temples in Tamil Nadu.
4. In May 2024, Uttarakhand Chief Minister Pushkar Singh Dhami imposed a ban on shooting videos or making reels within a 50-m radius of temple premises during Char Dham Yatra.
5. Temple committees of many popular religious sites like Shree Jagannath Temple in Puri, Odisha; Banke Bihari Mandir in Vrindavan, Uttar Pradesh and Badrinath-Kedarnath Temple, Uttarakhand, all imposed a ban on carrying smartphones inside the temple in 2023. Kedarnath temple even put up warning boards and CCTV cameras to impose the ban.

POTENTIAL LEGAL CONSEQUENCES OF VIOLATING SUCH RULES:

1. Penalties or fines may be imposed for breaking the specific rules set by temple management committees.
2. If using devices disturbs the atmosphere or the sanctity of the area, local environmental laws or the Public Places (Protection of the Environment) Act could come into play.
3. Sections 441 and 509 of the Indian Penal Code may apply if someone enters a restricted area within the temple or takes a photo of a woman without her permission with the intent to harm her dignity.
4. Provisions of The Hindu Religious Institutions and Charitable Endowments Act, 1997 can also be applicable in certain cases. 
   1. The Hindu Religious Institutions and Charitable Endowments Act, 1997 is a legislation aimed at the regulation and administration of Hindu religious institutions and charitable endowments in India, it is mainly applicable to the temples within the state of Karnataka.
   2. Violations mainly considered in this context are- entering restricted areas or using mobile phones where prohibited.
   3. Potential Repercussions for such violations as per the act are:
      1. Expulsion of the devotee from the temple, confiscation of their device, or a ban on future entry.
      2. Issuance of a warning or a caution against the violators
      3. Violators may face administrative penalties or be reported to law enforcement if they refuse to comply.

CONCLUSION:

Religious institutions in India are definitely strict about their rules concerning mobile phone use within temple grounds. However, they do offer some flexibility for devotees, such as allowing photography during special events like religious ceremonies or weddings. They also provide secure places to store mobile phones, hire security personnel, and create self-help groups to assist devotees in managing their phone usage. For worshippers to have the freedom to capture images of the main deity or the spirit of the temple, both the devotees and temple authorities need to put in equal effort. While technology has its limitations, it’s ultimately our responsibility to use it as a helpful means of communication.

REFERENCES:

1. Image link, https://www.shutterstock.com/image-photo/beawar-india-july102023-devotee-clicks-picture-2331122745
2. Upasana Sanjeev, October 17th, 2024, Live Law, “Madras High Court Asks HR&CE To Take Action Against Trustee, Employees Who Shot Instagram Reel Inside Temple”, https://www.livelaw.in/high-court/madras-high-court/madras-high-court-instagram-reel-inside-temple-hrce-action-against-trustee-and-employees-272732
3. https://www.livelaw.in/pdf_upload/493-m-seetharaman-v-commissioner-hrce-2-dec-2022-448039.pdf
4. https://www.aninews.in/news/national/general-news/shooting-videos-prohibited-within-50-m-radius-of-temple-premises-during-char-dham-yatra20240516194249/
5. GOPAKUMAR K C 3698, OCTOBER 8, 2024, “Film shooting inside temple: Kerala HC seeks response of Cochin Devaswom” https://www.thehindu.com/news/cities/Kochi/film-shooting-inside-temple-kerala-hc-seeks-response-of-cochin-devaswom/article68733107.ece
6. OpIndia staff, September 18th, 2024,https://www.opindia.com/2024/09/kerala-hc-bans-videography-in-guruvayur-sree-krishna-temple-after-muslim-vlogger-shares-cake-cutting-video-in-temple-premises/#:~:text=The%20court%20order%20and%20observations&text=It%20noted%20that%20such%20activities,the%20proper%20performance%20of%20worship.

The author affirms that this article is an entirely original work, never before submitted for publication at any journal, blog or other publication avenue. Any unintentional resemblance to previously published material is purely coincidental. This article is intended solely for academic and scholarly discussion. The author takes personal responsibility for any potential infringement of intellectual property rights belonging to any individuals, organizations, governments, or institutions.