India, A Secular Country, A Religious Group In Majority Can't Resist Other Community's Fundamental Right To Hold Religious Processions, Festivals: Madras HC

Background

• Since the year 1951, there has been a long-lasting dispute between the two religious groups concerning the use of 96% of the Government Poramboke Land.
• The Muslims on one hand want the land to be used as a commonplace whereas the Hindus have claimed to have long usage of the Poramboke land and strongly objected to its common usage.
• In view of this, many clashes and conflicts have arisen between the two religious groups which lead to filing of many cases against both the groups.
• The abovementioned case is concerned with the objections raised against the religious processions conducted through the streets of the village by one religious group.

Facts in Brief

• Till 2011 there were no objections raised regarding the religious processions and festivals. But from the year 2012, the Muslims started objecting these festivals and processions contending them as sins and arguing the area was dominated by Muslim resident.
• Between the years 2012 to 2015 the festivals did take place only because of the restrictions issued by the Court through various orders in view of the various petitions filed regarding the objections about conducting the festivals.
• Furthermore, in 2018 an order was passed by the Revenue Divisional Officer which allowed the festivals and processions to be held subject to certain conditions. These conditions were later challenged in Court.
• The Madras High Court allowed the festivals to be conducted under certain conditions. These conditions were before the Division Bench i.e. present matter.

Court’s Observations

• Whilst dealing with a dispute concerning the long-standing dispute between the Hindu and Muslim natives of a village at V Kalathur in Tamil Nadu over the conduct of certain Hindu festivals and religious processions, the Madras High Court recently observed that, “If religious intolerance is going to be allowed, it is not good for a secular country. Intolerance in any form by a religious group has to be curtailed and prohibited.”
• The bench of Justices N. Kirubakaran and Justice P. Velumurugan also observed that, “India is a secular country and merely because one religious group is living in the majority in a particular area, it cannot be a reason for not allowing other religious festivals or processions through that area.”
• The Court noted that the procession were conducted smoothly and in a peaceful manner through the streets of the village without causing any problems whatsoever.
• Further, the court held that if conflict is being reciprocated by one religious group and it is shared by the other religious groups; chaos, riots, fights causing loss of life and property would be inevitable, eventually destroying the secular charter of the Constitution.

Court’s Observations

• The Madras HC observed that as per Section 180 A of the District Municipalities Act, 1920 “roads and streets should be used as access to the people irrespective of their religion, caste or creed.”
• Allowing the three day festival of the 3 temples of the villages, the Hon’ble Court also held that, “There shall be a direction to the authorities to permit the Hindus to conduct two processions on the first and second day of the village temple festivals through all streets and roads which have been conducted till 2015.”
• It also observed that if it is accepted, there will come a day when the religious group dominating the area will disallow the people from other religious groups from even accessing the route for movement or transportation.
• That would also lead to the prevention of marriage and funeral processions which is not in the benefit of the society.

Court’s Order

• The Court held that as per the Section 180 A of the District Municipalities Act, roads are “secular” and should be used as roads by people of all religion, caste and creed.
• Any processions, including religious processions can be conducted through these roads without any constraints.
• Any procession, be it religious or other cannot be curbed because of the fact that the area is dominated by any other religious group.
• Every religious group has a fundamental right to conduct a religious procession without hurting the religious sentiments of other religions.
• Criminal cases filed against both the parties are ordered to be withdrawn.

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