In Rural Litigation V State of UP, AIR 1987 SC 359, the Supreme Court highlighted the importance of fundamental duties enumerated in Article 51A, with a special reference to its clause (g). Rajasthan High Court in Surya Narain v. Union of India, AIR 1982 Raj.1, held that fundamental duties are not enforceable.
In Article 51A (h) it is mandated that it shall be the duty of every citizen of India to develop the scientific temper, humanism and the spirit of inquiry and reform. The recent incidents in Sabarimala in Kerala, a Hindu pilgrim center, necessitated this inquiry. During the month of makara, there are heavy rush in the Temple to see the Makara Vilakku or Makara Jyothi, which majority of the pilgrims hope that a divine one. However, the local people as well as the educated people in the State, for the last several years, complained that this is not a divine light but a man made one. Due to the heavy rush to see this Makara Jyothi, nearly 102 human beings lost their life. There are petitions pending before this High Court of Kerala to order a probe on this issue. Now Mr. Sanal Edamaruku filed a petition in the Supreme Court and sought for a prohibition of Makara Vilakku.
The question, which is a debatable one, in view of the mandate of Art. 51A (h), remains unanswered. Do you think that such kind of misrepresentations are permissible in view of Article 51A (h) of the Constitution of India.
