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Court emphasized that if the District Administration, in response to opposition from one group, chooses the easy route of prohibiting another group's exercise of their rights due to law and order concerns, it would expose their ineffectiveness
The Madras High Court recently observed that if one's fundamental rights are under threat, the duty of the administration is to uphold the rights and put down those interfering with the exercise of the rights.
Justice GR Swaminathan emphasised that "fundamental rights shall take precedence over fundamentalist forces".
Court was dealing with a plea by one Thameem Sindha Madar, who stated that Muslim devotees in Ervadi, Tirunelveli, had long conducted Muharram processions with drums, music, and rituals such as Santhanakoodu and Kuthirai Pancha. This year, another Muslim group, Thowheed Jamath, opposed these rituals, claiming they corrupt devotees and that Islam should be practiced in its pure form without such traditions.
Court noted that the petitioner and his associates had the fundamental right to conduct their religious procession and this right stood protected by Article 19(1)(b) and (d) of the Constitution of India.
"This right has been exercised by the petitioner's forefathers over centuries. It is not open to Thowheed Jamath to dictate to the petitioner's group as to how they should conduct the festival," court asserted.
It stressed that "religious beliefs and practices cannot be reduced into mono categories. Perceptions are bound to differ".
Court said that religion will acquire different shades and flavors based on one's lived experience and the people in Ervadi believed in music, beat of drums and horse and chariot processions, therefore, to expect them to conform to Saudi Arabian practice was nothing short of "Talibanic outlook".
Further, the government counsel informed the court that the Muharram festival had been conducted in the area without issues for decades. However, objections by the Thowheed group in 2011 led to unpleasant incidents, resulting in FIRs and annual peace committee meetings, and therefore, it was decided that events like “Kuthirai Pancha” and “Santhanakoodu Procession” would no longer be held.
On this, the court stated that Thowheed Jamath had no authority to prevent the petitioner's group from holding a religious procession.
Court criticized the District Administration for yielding to threats from fundamentalist elements. "If the District Administration is to take the easy and lazy option of prohibiting the exercise of the right by citing law and order issues, it would betray their impotence," court asserted.
It emphasized that the right to a religious procession is protected under Article 19 and can be enforced against Thowheed Jamath. The District Administration is obligated to take all necessary measures to safeguard this right, court said.
Accordingly, court allowed the writ petition while saying, "The Thowheed group is entitled to hold on to their own beliefs...If the Thowheed Jamath persons dislike Santhanakoodu procession or Kuthirai Pancha, let them not take part. Let them stay indoors".
Case Title: Thameem Sindha Madar v. The District Collector, Tirunelveli District, Tirunelveli and Others
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