CHENNAI: Is conducting Ayudha Puja or Saraswathi Puja in government offices
a non-secular activity deserving to be banned? 'No', the Madras high court
has ruled.
"Showing respect to the place of work and the objects of work will in no way
offend the feelings of others or affect secularism. Ayudha Puja is referable
to prayer, reverence or respect given to objects through which an individual
performs his profession or occupation. Ayudha Puja in its real terms
transcends all religion," a division bench of Justice R Sudhakar and Justice
Aruna Jagadeesan has said.
Dismissing a public interest writ petition, which sought a direction to the
government to prohibit "all sorts of religious activities within the
precincts of government offices", the bench said an individual showing
respect to his occupational tools cannot be said to offend the secular
nature of the state.
"Irrespectvie of religion, Ayudha Puja is a reverence shown by cobblers,
weavers, farmers, autorickshaw drivers, rickshaw-pullers, carpenters,
shopkeepers, chartered accountants, advocates, doctors etc., to objects
which they use to earn their livelihood," Justice Sudhakar, who wrote the
judgment for the bench, observed.
Similarly, Saraswathi Puja is referable to showing respect to education,
knowledge and the scriptt, the judge said, adding: "The form of worship or
veneration to files and records at the close of the working day preceding
the Ayudhua Puja or Saraswathi Puja holidays cannot be called as religious
activity by the government, affecting the secular nature of the state."
The judges pointed out that Ayudha Puja and Saraswathi Puja fall on holidays
and it could not be concluded that it was the state which performed these
pujas at office. "In government offices, if an individual shows respect and
reverence to the materials, books, files or records which are being handled
by the individual, it will be referable to his individual freedom and there
is nothing to show that it affects the secular nature of the state."
The petitioner, S P Muthuraman, cited a government order issued in 1993 and
a circular dated April 22, 2010 to seek a ban on religious activities in
government offices. In December 1993, a government order said no
construction of any new structure for religious worship or prayer within the
office campus or modification of any existing structure should be permitted.
This was reiterated by a division bench order of the high court in March
2010. It was following the HC order that in April 2010 the government sent
the circular.
Justice Sudhakar, however, pointed out that the government order and the
circular related to construction and enlargement of structures within
government office complexes and had nothing to do with an individual's right
to offer puja for the place of work or tools. An individual's right to
freedom of conscience is permitted in Article 25 of the Constitution, he
said, adding: "If the relief sought for by the petition is accepted, it is
likely to cause disharmony among various groups."
https://timesofindia.
rt-secularism-HC/articleshow/