In a significant move that challenges the approach of Dravidian model rulers who seek to restrict Hindu temple festivals, the Madras High Court has stated that authorities cannot deny permission to hold such festivals solely on the grounds of the model code of conduct.
This ruling comes as Tamil Nadu gears up for the annual temple festivals celebrated in numerous Shiva and Vishnu temples across the state. Notable events include the celestial marriage of Madurai Meenakshi Amman, Kallazhagar entering the Vaigai River, the car festival at Sri Rangam temple, the Brahmostavam in Kanchipuram, and many others.
Village temples and family deity temples also partake in these festivities, which involve daily processions culminating in fire-walking rituals. These celebrations take place during the peak summer months in Chitrai and Vaikasi. However, this year, the DMK government has expressed its intention to halt these annual temple festivals during the election period.
The government fears that such festivals may consolidate Hindu support and rally them behind the BJP or other organisations that advocate for the preservation of Sanatana Dharma. Citing the prevailing model code of conduct, the authorities have denied permission for these religious events.
In a recent development, Kesavan, a petitioner, approached the Madras High Court with a writ petition filed under Article 226 of the Constitution of India. The petitioner sought a Writ of Certiorarified Mandamus, urging the court to review the records of the proceedings conducted by the respondent police on April 29, 2024 in Na.Ka.No.05/ins valathi/Genl/2024. The petitioner requested the court to quash the proceedings and direct the respondent to grant permission for a music and dance programme to be held during the temple festival on May 18, 2024, specifically during night hours.
The writ petition was presented before Justice K. Kumaresh Babu for a hearing. During the proceedings, the petitioner challenged the rejection of permission to conduct the music and dance programme at night during the temple festival. In response, Justice Babu noted that the authorities had denied permission due to the model code of conduct in place for the Assembly Elections. In a detailed four-page order, Justice Babu stated, “This Writ Petition is filed to quash the proceedings of the respondent police dated 29.04.2024 in Na.Ka.No.05/ins valathi/Genl/2024 and direct the respondent to grant permission for conducting a music and dance programme during the festival time on 18.05.2024.”
The writ petition aimed to challenge the rejection of the petitioner’s request to conduct the temple festival. The respondent had cited the model code of conduct, which was implemented due to the general parliamentary election, as the reason for the rejection. Justice Babu further acknowledged that the election had already concluded and that the temple festival could proceed. Hence, the court set aside the previous order and directed the respondent police to provide police protection for the conduct of the dance and music programme in accordance with the law.
In a recent order dated May 9, the Madras High Court granted permission for temple festivals and directed the police to provide necessary protection for the conduct of dance and music programmes. The court allowed a writ petition challenging the police’s denial of permission, stating that the Model Code of Conduct should not be a reason to prevent such cultural events. The court took into consideration that the elections in the state of Tamil Nadu had already concluded, and polling was over. Bearing this in mind, the court expressed disagreement with the denial of permission based on the Model Code of Conduct.
In its order, the court stated, “With the above said direction, this writ petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.” This decision follows the DMK government’s attempt to prevent special events, including anna dhan (food distribution) in temples, to coincide with the Ayodhya Ram Mandir inauguration on January 22 earlier this year.
Permission For Temple's Festival Can't Be Denied On Grounds Of Model Code Of Conduct: Madras High Court | @UpasanaSajeevhttps://t.co/L9yTEkmyGz
— Live Law (@LiveLawIndia) May 13, 2024
However, both the Supreme Court and the Madras High Court allowed these events. The Madras High Court specifically referred to the Tamil Nadu government’s stance on conducting events related to the consecration of the Shri Ram Temple, stating that no permission was required for functions in private enclosures. The court further emphasised that devotion towards God is meant to bring peace and happiness, rather than disturb the social equilibrium.
When the DMK government tried to prevent to organis special events including anna dhan in temples to coincide with the Ayodhya Ram mandir inauguration on January 22 this year, both the Supreme Court and Madras High Court allowed them. The Madras High Court cited the Tamil Nadu government’s stand over conducting Shri Ram Temple consecration related events in the state, saying no permission was needed for functions in private enclosures and held that Bhakti towards God is only for peace and happiness and not to disturb the social equilibrium.
In August 2022, the Madurai Bench of Madras High Court held on Tuesday that permission from authorities is not required to conduct temple festivals in villages. Justice GR Swaminathan stated so while hearing a petition filed by P Seeni of Virudhunagar, requesting the court to direct the Virudhunagar district administration and police to grant permission to the residents of Valayapatti village in Thiruchuzhi to conduct the Pongal festival in two temples in the village on August 19 and 20. The judge referred to a few judgments passed by the Supreme Court and the High Court in which it had been held that performing old customs and religious practices are one’s fundamental rights and the government machinery cannot interfere with them under mere apprehensions.
The court noted that the Constitution of India provides its citizens with the right to peaceful assembly and freely practise religion,
Despite the court orders, the DMK dispensation wants to play with Hindu sentiments and interfere their customs and fundamental rights to celebrate the festivals which are given under the Constitution. Critics say that no restrictions were imposed on minority religions to celebrate their festivals that showed its anti Hindu mind set.
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