On Friday, the Madras High Court ruled that the state cannot impose a complete ban on religious meetings under article 25 of the Indian Constitution which allows free practice and propagation of one’s religion subject to public order, morality, and health. The court also allowed the Hindu outfit, Indu Makkal Katchi- Tamizhagam (IMKT), to hold its State conference in the Cuddalore district of Tamil Nadu on January 29.
According to the reports, the group had petitioned the High Court after the local police rejected permission for such a conference on the grounds that IMKT, a Hindu entity, would make remarks against other religions and faiths, causing stress and friction among the public and a law and order scenario.
The Cuddalore police also referenced an April 1986 Tamil Nadu government Government Order (GO) that forbade religious procession through any location predominantly inhabited by other religious communities. However, High Court Justice G Chandrasekaran highlighted people’s basic freedom to exercise and spread religion and granted permission for IMKT’s conference on January 29 between 3 pm and 10 pm, subject to certain limitations.
“Considered the rival submissions. Article 25 of the Constitution of India gives freedom of conscience and free profession, practice, and propagation of religion. It reads as follows: ‘Subject to public order, morality, and health and the other provisions of this part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.’ Therefore, there can be no total ban for the conduct of religious meetings organized by the petitioner,” the Court said.
However, the High Court forbade conference attendees from either performing songs about or speaking ill of any person, caste, religion, etc. The Court further stated that participants must not discuss or say anything about organizations that the Union government has outlawed. They must not engage in any conduct that jeopardizes India’s sovereignty and integrity, it added.
IMKT had also requested permission to hold a public parade on the same day. However, the High Court denied authorization for the march after taking into account the local police and State administration’s concerns about traffic congestion and the potential spread of COVID-19, among other things.
The TN government told the Court that the intended meeting would feature the participation of Sanyasis, Dharmakarthas, and fervent adherents of the Hindu faith. “There is a strong likelihood that they may disparage other religions while discussing Hinduism,” the govt said suggesting that it would inevitably cause dissatisfaction among other religions, as well as a law and order concern.
Members of the Hindu organization, on the other hand, volunteered to submit an affidavit indicating that the conference will not disrupt law and order. The High Court considered the submissions and granted permission for the conference. The Court further ordered the petitioner to guarantee that conference attendees follow all safety measures, traffic and noise pollution regulations, and so on. S Mayilnathan, an advocate, represented the petitioner. The responding police were represented by Government Advocate S Santhosh.
