Chennai. In a significant move, 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 Brahmotsavam 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 Sanatan 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 Bharat. 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 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.
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.
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 Mandir, 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.
The court noted that the Constitution of Bharat 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.
