Madras High Court Upholds Religious Equality on Public Grounds

Court Permits Annadhanam Event, Emphasizes Constitutional Secularism and Community Harmony

In a significant ruling, the Madurai Bench of the Madras High Court, presided over by Justice G.R. Swaminathan, has reaffirmed the constitutional principle of secularism by allowing the petitioner, K. Rajamani, to conduct an Annadhanam (food distribution) event on public grounds in N. Panchampatti Village, Dindigul District. The court emphasized that public grounds owned by the State must be accessible to all communities, irrespective of religious affiliations, in alignment with Article 15 of the Indian Constitution.

The writ petition arose when the Tahsildar of Athur Taluk denied Rajamani's request to use an open ground near a Hindu temple, citing potential law and order issues. Instead, the petitioner was allotted an alternative site on a public road, which was deemed inappropriate for hosting the event. The Christian community, represented by the fourth respondent, contended that the ground had historically been used exclusively for Easter celebrations for over a century.

Justice Swaminathan, in his detailed judgment, pointed out that the ground in question is classified as "vacant site / grama natham" and belongs to the government. The court dismissed the argument that historical usage by the Christian community grants them exclusive rights, asserting that pre-constitutional practices cannot override constitutional provisions. The judgment highlighted that any exclusion based on religion violates Article 15 and that fundamental rights under Article 25, which includes the right to perform Annadhanam, must be protected against mere apprehensions of law and order disruptions.

The court drew on past rulings, including a Division Bench decision and historical judgments, to underscore that the State must ensure the protection of lawful rights rather than restricting them under the guise of maintaining order. Justice Swaminathan criticized the authorities for considering law and order issues as a basis for denying constitutional rights and instructed the local administration, including the Superintendent of Police, Dindigul, to facilitate the peaceful conduct of the event.

The ruling also stressed the importance of inter-religious participation in fostering community harmony and civilizational unity, which are essential for societal peace. The judgment is a reaffirmation of India's secular ethos, encouraging communal harmony and equal access to public resources.

Bottom Line:

Public grounds belonging to the State must be available for use by all communities or none, and exclusion based solely on religion violates Article 15 of the Constitution of India.

Statutory provision(s): Article 15, Article 25, Article 26 of the Constitution of India, Section 144 of the Code of Criminal Procedure (CrPC).

K. Rajamani v. Joint Commissioner, Hindu Religious Charitable Endowment, Dindigul, (Madras)(Madurai Bench) : Law Finder Doc Id # 2802251