THE U. P. TEMPLE ENTRY (DECLARATION OF RIGHT) ACT, 1956

 

THE U. P. TEMPLE ENTRY (DECLARATION OF RIGHT) 

ACT, 19561 

 [U.P. Act no. XXXIII of 1956] 

[Authoritative English text of the Uttar Pradesh Mandir Pravesh 
(Adhikar Ghoshana)Adhiniyam, 1956] 

[Passed in Hindi by the Uttar Pradesh Legislative Assembly 
on August 3, 1956, and by the Uttar Pradesh Legislative Council on 
August 10, 1956. 

Received the assent of the President on October 1, 1956, 
under Article 201 of the Constitution of India and was published in 
Uttar Pradesh Gazette (Extraordinnary) dated October 4, 1956.] 

AN 

ACT 

for the declaration of the right of all classes and section of 
Hindus to enter Hindu temples in the State of Uttar Pradesh and 
offer worship therein and for certain connected matters. 

WHEREAS "Untouchability" was abolished by the Constitution 
and its practice in any form is forbidden; 

AND WHEREAS for settling doubts as to the right of persons of 
the depressed classes regarding temple entry it is necessary to 
declare by law the removal of all disabilities in that behalf on any or 
all classes of Hindus; 

II IS HEREBY enacted in the seventh Year of the Republic of 
India as follows:- 

Short title  
extent and 
Commencement 

1. (1) This Act may be called the Uttar Pradesh Temple Entry 
(Declaration of Right) Act, 1956. 

 (2) It shall extend to the whole of Uttar Pradesh. 

(3) It shall come into force at once. 

Definitions 2. In this Act, unless there is anything repugant in the subject or 
context- 

 (a) "Depressed class" means any caste or class of the Hindu 
community which by reason of any custom, usage or practice, is 
excluded from entering a temple or from offering worship therein. 

 (b)  "Hindu" shall include all persons professing the 
Buddhist, Sikh or Jain religion or persons professing the Hindu 
religion in any of its forms or developments including 
Virsahaivas, Lingayats, Adivasis, followers of Brahmo, Prarthana, 
Arya Samaj and the Swami Narayan Sampraday. 

1. For Statement of Objects and Reasons, please see U.P. Gazette (Extraordinary) dated July 24, 1956. 

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[The U.P. Temple Entry (Declaration of Right) Act, 1956] 

 (c) "Temple" means a place by whatever name known, 
which is dedicated to the benefit of, or use as of right by, the 
Hindu community or any denomination thereof as a place of 
religious worship and includes subsidiary shrines, maths, 
devasthans, shivalas , mandapams and all lands appurtenant to 
such temple. 

 (d)  " Worship" means such regligious service as the bulk of 
the worshippers offers or may offer or participate in, in a temple 
and includes- 

 (i) bathing in and the use of the waters of any sacred 
tank, well, spring or watercourse appurtenant to the 
temple whether situated within or outside the precincts 
thereof; 

 (ii) the passing over any sacred place, including a hill 
or  hillock or a road, street or pathway which is requisite 
for obtaining access to the temple. 

Declaration of 
right to offer 
worship in 
temple 

3. Despite the abolition of  "Untouchability" by Artcle 17 of the 
Constitution, doubts have sometimes continued to be expressed as to 
the right of certain section of Hindus to offer and participate in the 
worship in a Hindu temple, it is, therfore, hereby declared that,- 

 (a)  notwithstanding anything in any law, custom, usage or 
practice to the contrary every Hindu irrespective of the caste or 
sect to which he belongs shall be entited to enter any Hindu 
temple and offer and paticipate in worship therein in the same 
manner and to the same exent as Hindus in general or any 
section of Hindus; 

 (b)  every custom, usage and practice which directly or 
indirectly imposes any disability on or otherwise prevents any 
person of the depressed classes to enter or offer or participate in 
any worship in a Hindu temple on the ground of  
"Untouchability" shall and be always deemed to be void and 
inoperative. 

Courts not to 
recognize 
untouchability 

4. No court or other authority shall in any suit or proceedings, 
whether pending at the commencement of this Act or instituted 
susequently take notice of or otherwise recognize any custom usage or 
practice as is referred in clause (b) of section 3, and subject to the 
provisions of section 6, every such suit or proceeding shall be decided 
as if the custom, usage or practice had not been in existence at any 
material date. 

Worship in 
temples not 
to be 
actionable 

5. No person, being Hindu, who enters a Hindu temple of offers 
or participates in worship in any such temple shall by reason only of 
such entry, worship or participation be deemed to have committed any 
actionable wrong or offence or be sued or prosecuted therefor. 

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[The U.P. Temple Entry (Declaration of Right) Act, 1956] 

Bar to suits 
and 
proceedings 
Contray to 
rights 
declared by 
the Act 

6. (1) No Civil Court shall entertain or continue any suit or 
proceeding or shall pass any decree or order or execute wholly or 
partially any decree or order, it the claim involved in such suit or 
proceeding or if the passing of such decree or order or if such execution 
would in any way be contrary to the rights herein by this Act declared. 

 (2) Without prejudice to the generality of the provisions of  
sub-section (1) every suit pending at the commencement of this Act, 
whether in the court of the first instance, appeal or revision, for 
damages, injunction or declaration or for any other relief on the ground 
that entry or worship or participation, in worship by a person of the 
depressed classes in a Hindu temple is against any law, custom usage 
or practice or for the exclusion of such classes from such entry, 
worship or participation, shall be and is hereby abated and every 
injunction, whether in any interlocutory proceeding or otherwise issued 
or granted in any such suit or proceeding shall likewise be and is 
hereby discharged any provision in the Code of Civil Procedure, 1908, 
notwithstanding. 

Effect of 
provisions 
incosistent 
with other 
enactments 

7. The provisions of this Act shall have effect notwithstanding 
naything inconsistent therewith contained in any other law for the time 
being in force. 

Power to 
make rules 

8. The State Government may make rules for the carrying out of 
the purposes of this Act. 

 

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