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Synopsis
The court said devotees of Sadashiva Brahmendral do not need to seek permission from the local administration to perform the century-old ritual, which was halted in 2015 after the High Court issued a single order in a writ petition. handed down the verdict. Devotees wanted to perform Angapradakshinam. That is, rolling on banana leaves where other believers eat food.
The Madras High Court of Madurai Bench recently held that a fundamental right to perform the religious vows taken by an individual is guaranteed under Article 25(1) of the Constitution of India. The court stated that the preservation of an individual’s mental direction is included in the right to privacy.
The Bench, Justice GR Swaminathan, said: “Individuals are free to express this (spiritual) direction in any way they see fit. Of course, this should not affect the rights and freedoms belonging to others. This Rubicon As long as it continues to exist,” he said. Unless there is a violation, the state or courts cannot influence an individual’s behavior. ”
Referring to the Supreme Court’s judgment in KSPuttaswamy (Retd) v. UOI, the Single Judge Bench held that Article 25(1) includes the preservation of personal intimacy, the sanctity of family life, marriage, childbirth and family life. It was held that it was included. and sexual orientation, which implies the right to be left alone.
The report stressed that if the right to privacy includes sexual orientation and gender orientation, it certainly includes spiritual orientation.
“If sexual orientation is a private matter, then spiritual orientation is also a private matter,” the court said.
The judgment was filed by P. Naveen seeking a writ of mandamus under Article 226 of the Constitution of India directing the Karur district administration to consider his representation seeking permission to perform ‘Annantanam’ and ‘Angapradakshinam’. The decision was made in a writ petition filed by Mr. Kumar. , after ‘Anthanam’ on May 18, 2024, i.e. on the eve of Jiva Samati Day of Shri Sadashiva Brahmendral in Nellur village of Manmangalam taluk of Karur district, the plantains left by the devotees. Rolling on the leaves.
The petitioner claimed to be a devotee of Sri Sadashiva Brahmendral, one of the most famous saints of Tamil Nadu. The ‘Jiva Samadhi Day’ of the saint is marked by the performance of ‘Annadanam’ (sacred food offerings) and other religious rituals.
Before 2015, one of the major events was rolling banana leaves (angapradakshinam) on which other devotees eat food. This ritual, which had continued for 120 years, was canceled in 2015.
Petitioner had vowed to perform the above religious services this year. He sent a formal letter to the authorities requesting permission, but his representations did not cause any reaction. So he filed an appeal in the High Court.
The petitioner’s lawyer argued that the issue pertains to the petitioner’s fundamental rights. The petitioner’s stand was also fully supported by the learned Counsel for the President of Nerur Sathguru Sathasiva Brammediral Sabha.
However, the additional government pleader who appeared before the local administration department and the government pleader (criminal side) who appeared before the police authorities said in the writ petition that their hands were tied in view of the order dated April 28, 2015. submitted.
The Single Judge, referring to the summary of the judgment of the Supreme Court, opined that the petitioners are guaranteed the fundamental right to perform their religious vows under Article 25(1) of the Constitution of India. .
The court pointed out that it is the true belief of the devotees of Sri Sadavitha Brahmendral that performing Angapradakshinam brings spiritual benefits.
“In my considered view, such a right can be traced not only to Article 25(1), but also to the other fundamental rights enumerated in Part III,” the court held.
The court also took judicial note of the fact that many of the devotees of Lord Muruga demonstrate their piety by sticking small hooks into their tongues, lips or skin on their backs to fulfill their vows. Similarly, Amman believers engage in firewalking and carry pots of burning coals. “These are inseparable features of Tamil religious culture.” One judge emphasized:
Additionally, the court took judicial note of the fact that angapradakshinam (rolling on the ground) is an established religious practice utilized by devotees.
It appears that one of the Nayanmars (a collective noun referring to 63 Saiva saints) completed the last leg of his journey to Kailash by rolling on the ground… Such Angapradakshinams were performed by Ayyappa’s devotees. I will. If it is held on the banks of the Pamba river, the bench is highlighted and it is called Pamba Sadi.
Therefore, the court held that preventing devotees of Sri Sadashiva Brahmendral from performing similar acts of devotion is a gross violation of the right to equality guaranteed under Article 14 of the Constitution of India.
The court stated that “the court is not authorized to challenge the beliefs held by the petitioner regarding the spiritual effects of this practice.”
“Performing Angapradakshinam on banana leaves after the guests have eaten is an act of high religious worship by the devotees of Sri Sadashiva Brahmendrar. This right is enshrined in Part III of the Constitution of India. is protected by [Articles 14, 19(1)(a), 19(1)(d), 21 and Article 25(1)]” he held.
Further, regarding the 2015 decision in the writ petition, the Single Judge Bench held that the writ petition filed by a Dalit Pandian suffers from the fatal vice of non-joining of the necessary parties.
Directions to authorities not to roll over on plantain leaves left after partaking in the meal were issued behind the scenes of believers and administrators. They were not notified. I couldn’t hear them. They were not given the opportunity to present their case in court. In short, the court emphasized that there had been a serious violation of the principles of natural justice.
The court held that if an administrative or quasi-judicial order can be dismissed as invalid on the ground of violation of principles of natural justice, then a judicial order will suffer a similar fate.
Further, on the issue of violation of Article 17 of the Constitution or the right to human dignity, the High Court held in the 2015 writ petition that the material submitted before the court clearly shows that there is no caste discrimination; Therefore, the court held as follows. Article 17 was clearly unexpected.
Regarding the issue of human dignity, the court held that “In religious matters, a third party cannot forcibly declare what is and is not dignified, except in exceptional circumstances.”
“There can be no a priori assumptions. The standards set for determining whether a particular ritual or custom is consistent with the principles of constitutional morality are “Those who claim that a religious practice violates constitutional morality must be relieved of that burden,” the court ruled. said.
The court held that the right asserted by the appellant in this case is part of the right to privacy.
The court stated that petitioner’s prayers were unnecessary. “Permission from the authorities is not required for holding customary religious events in villages. Permission needs to be sought only if festival organizers wish to install sound amplifiers. Therefore, whether respondents grant permission or not. The question does not arise at this point. “Everything,” the court said.
The court held that no private person can prevent a petitioner or believer from exercising his or her fundamental rights. “In the event of such interference, it is the duty of the police to assist the complainant in exercising his fundamental rights and to remove the obstructer from the scene,” the court said.
The court, therefore, allowed the writ petition restraining respondents 1 to 3 and respondents 5 and 6 (official respondents) from interfering with the conduct of the events mentioned in the petition.
Case Title: P.Naveen Kumar vs. District Collector, District Collector’s Office, Karur District and others.
