The U. P. TEMPLE ENTRY (DECLARATION OF RIGHT) ACT, 1956
This Act says every Hindu is entitled to enter Hindu temples and worship there, bars courts and authorities from recognizing contrary customs in relevant cases, and gives the State Government power to make rules.
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Provisions of The U. P. TEMPLE ENTRY (DECLARATION OF RIGHT) ACT, 1956
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The U. P. TEMPLE ENTRY (DECLARATION OF RIGHT) ACT, 1956
AI-assisted research summary: This Act says every Hindu is entitled to enter Hindu temples and worship there, bars courts and authorities from recognizing contrary customs in relevant cases, and gives the State Government power to make rules.
--- Section 1. Section 1.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. --- Section 2. Section 2.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. (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. --- Section 3. Section 3.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. --- Section 4. Section 4.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. --- Section 5. Section 5.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. --- Section 6. Section 6.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. --- Section 7. Section 7.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. --- Section 8. Section 8.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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