Court Directs State Authorities to Return Idols, Emphasizes Scientific Temper and Constitutional Mandates
In a significant judgment, the Madras High Court has taken a stand against state authorities acting on superstitions, emphasizing the constitutional mandate to inculcate scientific values and temper among the public. The court was hearing a contempt petition filed by A. Karthik against Mrs. Rashmi Siddharth Zagade and others, concerning the unauthorized removal of religious idols from his private premises.
The court, presided over by Justice D. Bharatha Chakravarthy, criticized the state authorities for succumbing to local superstitions surrounding the installation of idols by Karthik, leading to their removal. The petitioner had installed the idols of goddess 'Sivasakthi Dhakshiswari' along with 'Vinayagar' and 'Veerabhadran' in his residence at Ennore, Chennai, and performed worship there. However, following an unrelated unnatural death in the area, local superstitions prompted unrest among residents, resulting in the authorities seizing the idols.
Justice Chakravarthy highlighted that state actions were unsupported by law, stating, "God or an idol will never harm any human being, and such beliefs are superstitions." The court directed that the idols be returned to the petitioner, reaffirming his right to worship within his premises, provided it does not disturb the neighborhood or involve unauthorized activities like money collection.
The court further underscored the necessity for worship practices to comply with local regulations, warning against unauthorized constructions and disturbances. It noted that while the petitioner is entitled to worship the idols, it must be done peacefully without causing noise pollution or public disturbance.
Addressing concerns of unauthorized construction, the court instructed local authorities to proceed with due legal processes if any violations are found, allowing the petitioner the right to defend himself legally. It also highlighted the role of the authorities in maintaining order without yielding to public pressure based on majority sentiments or superstitions.
The judgment serves as a reminder of the constitutional duty to promote scientific temper and warns against the dangers of state actions based on unscientific beliefs. The court closed the contempt petition with these directives, ensuring that the petitioner received his idols with due protection.
Bottom Line:
State authorities cannot act based on superstitions or false beliefs; constitution enjoins upon the authorities to inculcate scientific values and temper among the general public.
Statutory provision(s): Article 51A(h) of the Constitution of India
A.Karthik v. Mrs. Rashmi Siddharth Zagade, (Madras) : Law Finder Doc Id # 2833304
