MADURAI: If one’s fundamental rights are under threat, it is the duty of the district administration to uphold the rights and stop those interfering with the exercising of such rights, the Madurai Bench of the Madras High Court said, while granting permission to the respondents to conduct Muharram ceremonies as per their choice.
Justice GR Swaminathan was hearing a petition filed by Thameem Sindha Madarm, seeking to prevent private respondents and members of the Thowheed Jamath from interfering with the right to conduct ten days of Muharram ceremonies, with the beating of drums during flag hoisting on the first day and beating of drums during Santhanakoodu and Kuthirai Pancha processions on the seventh and eight days, within the four mohallas of Ervadi in Tirunelveli district.
The court said that the annual Muharram festival has commenced and will conclude on July 17. The contentious aspects are — the beating of drums, the "Kuthirai Pancha" ritual (taking a young boy in procession on a horse) and "Santhanakoodu". The question was whether the petitioner was entitled to conduct the festival as per the customs, without interference from those with allegiance to the Thowheed Jamath.
"Religion will acquire different shades based on one's lived experience. The people in Ervadi believe in music, the beating of drums and horse and chariot processions. It is not open to Thowheed Jamath to dictate the petitioner's group as to how they should conduct the festival," the court stated.
"The problem arises when they prevent others from practising their version of Islam. If those associated with the Thowheed Jamath dislike Santhanakoodu or Kuthirai Pancha, they must refrain from taking part," the court observed.