MADURAI: Observing that the Constitution of India provides its citizens with the right to peaceful assembly and freely practise religion, the Madurai Bench of Madras High Court held on Tuesday that permission from authorities is not required to conduct temple festivals in villages.
Justice GR Swaminathan stated so while hearing a petition filed by P Seeni of Virudhunagar, requesting the court to direct the Virudhunagar district administration and police to grant permission to the residents of Valayapatti village in Thiruchuzhi to conduct the Pongal festival in two temples in the village on August 19 and 20.
Justice Swaminathan referred to a few judgments passed by the Supreme Court and the High Court in which it had been held that performing old customs and religious practices are one's fundamental rights and the government machinery cannot interfere with them under mere apprehensions.
He also explained Section 42-A of the Tamil Nadu District Police Act, 1859 and Section 41 of the Chennai City Police Act, especially how the latter was discussed by a Division Bench of the Madras High Court in 1959 case filed by former chief minister CN Annadurai. "The Division Bench held that religious meetings can be held without taking any permission at all," the judge noted.
Of course, the authorities cannot remain a silent spectator if there is a breach of public tranquillity, Justice Swaminathan clarified. "If a threat to the maintenance of law and order is imminent, then also the executive magistrate or the police are bound to intervene. So long as there is no such situation, the authorities have no role in the matter," he added. Since Seeni's petition pertained to a festival that has been celebrated from time immemorial every year in a village, no permission is required from the authorities, the judge observed and disposed of the petition.