Madras High court says allowing religious intolerance not good for secular country

The Madras High Court recently observed, religious fundamentalism has to be discouraged and permitting religious intolerance, be it from any religious group, will damage the secular character of India.

While hearing an appeal over the conduct of temple processions, a bench of Justices N Kirubakaran and P Velmurugan made the remarks, by villagers at V Kalathur in Perambalur district in Tamil Nadu on a specified route, objected to by local Muslims.

Deputy Superintendent of Police, it was ‘evident’ from the affidavit of the third respondent, “that three days festival of the aforesaid temples were peacefully conducted till the year 2011 and only from the year 2012 onwards the Muslims started objecting to some of the Hindu festivals, terming them as Sins,” the court said in a recent order.

Seeking protection for conducting temple festivals and processions, the petitioner approached the police, which was given constraints. The judges noted that before 2012, temple advances were conducted through all the streets in the village and that there was no problem. Even from the year 2012 to 2015, processions were taken out through all the streets and roads which have been accepted by this Court, but later rejections were raised. “It was evident from the affidavit of the third respondent, Deputy Superintendent of Police, that three days festival of the aforesaid temples were peacefully conducted till the year 2011 and only from the year 2012 onwards the Muslims started objecting to some of the Hindu festivals, terming them as Sins,” the court said in a recent order.

According to Section 180-A of the District Municipalities Act 1920, roads or streets should be used as path to the people, irrespective of their religion, caste or creed.

“Merely because one religious group is dominating in a particular locality, it cannot be a ground to prohibit from celebrating religious festivals or taking processions of other religious groups through those roads,” the court said.

The judges noted, “In this case, intolerance of a particular religious group is exhibited by objecting for the festivals which have been conducted for decades together and the procession through the streets and roads of the village are sought to be prohibited, stating that the area is dominated by Muslims and therefore, there cannot be any Hindu festival or procession through the locality.”

“India is a secular country and merely because one religious group is living in majority in a particular area, it cannot be a reason for not allowing other religious festivals or processions through that area. If the contention of the private respondent is to be accepted, then it would create a situation in which “minority people cannot conduct any festival or procession in most of the areas in India,” the court said.

The bench added, “If resistance is being exhibited by one religious group and it is reciprocated by the other religious groups, there would be chaos, riots, religious fights, causing loss of lives and destruction of properties.”