If the right to privacy includes sexual and gender orientation, it certainly includes one’s spiritual orientation also, observed the Madurai Bench of the Madras High Court while allowing a petition filed by a devotee of Saint Sri Sadasiva Brahmendral.
The court was hearing the petition filed by P. Naveen Kumar who sought permission to perform ‘angapradakshinam’ a ritual that involvesa devotee rolling over the banana leaves in which other devotees had been served food on the Jeeva Samadhi day of the Saint at Nerur in Karur district.
The petitioner had taken a vow to perform the religious service and he wrote to the authorities since the performance of the ritual was stopped in 2015. With no response from the authorities, he filed the present petition. The authorities submitted that their hands were tied in view of a 2015 High Court order that directed the authorities not to allow anyone to roll over on the plantain leaves left, after the meal is taken.
Justice G.R. Swaminathan observed that the petitioner has a guaranteed fundamental right under Article 25 (1) of the Constitution to carry out the religious vow undertaken by him. He is a Hindu. The samadhi of Sri Sadasiva Brahmendral at Nerur is thronged by devotees throughout the year. It is an object of veneration.
On the Jeeva Samadhi day, the customary practice was for devotees to do ‘angapradakshinam’ on the banana leaves. It is the genuine belief of the devotees that such an act would confer on them spiritual benefit, the court observed.
If the right to privacy includes sexual and gender orientation, it certainly includes one’s spiritual orientation also. A person is free to express this orientation in the manner he deems fit. Of course, it should not affect the rights and freedoms of others. So long as this rubicon is not crossed, it is not open to the State or the courts to impinge on one’s action, the court observed.
“I take judicial notice of the fact that many a devotee of Lord Muruga exhibits his piety by piercing small hooks on his tongue, lip or on the skin of one’s back in fulfilment of vow. Likewise, devotees of Amman undertake fire-walk, carrying of pot of burning coal etc., These are inseparable features of Tamil religious culture”, the judge observed.
Article 19(1)(d) of the Constitution states that all citizens shall have the right to move freely throughout the territory of India. This right is subject only to the reasonable restrictions envisaged under Article 19(5) of the Constitution. Right to move cannot be confined to walking or vehicular transportation. It would include ‘angapradakshinam’ also, the court observed.
“I take judicial notice of the fact that the ‘angapradakshinam’ is an established religious practice by the devotees............. Preventing the devotees of Sri Sadasiva Brahmendral from engaging in the act of devotion would be a gross violation of the right to equality guaranteed under Article 14 of the Constitution”, the judge observed.
The judge observed that the 2015 order was passed without hearing the necessary parties and said “I characterise the order as null and void”.
The court observed that the prayer made by the petitioner is unnecessary. For conducting the customary religious events in villages, one does not require permission from the authorities. Only if the festival organisers want to install sound amplifiers, will permission have to be sought. The question of the authorities granting permission does not arise at all.
The organisers are at liberty to organise the events as is the tradition. The petitioner can very well exercise his fundamental right of performing ‘angapradakshinam’ on the banana leaves after the guests have finished eating. No authority let alone the respondents can interfere with the same, the court observed.
