On the 15th of June, the Madras High Court pulled up the Tamil Nadu police for siding with a radical faction of Muslims trying to stop another group of Muslims from observing Muharram with drums and music (PDF). Thameem Sindha Madar had approached the Madras High Court after the Tamil Nadu administration refused to permit it to observe Muharram with drums and music after a radical faction of Muslims had opposed it.
Sufi Muslim devotees in Ervadi town in Tirunelveli have traditionally been carrying out the Muharram procession with the beating of drums and music known as the Santhanakoodu procession and Kuthirai Pancha for years. This time, they faced opposition from a radical group of Muslim devotees who did not want them to observe Muharram with drums and music.
Thowheed Jamath opposed the processions claiming that playing music and beating drums during the Muharram procession had a corrupting influence on devotees and that Islam should be practiced in its pure and original form free from such rituals.
When the Muslim group approached the district and state authorities, they asked them to refrain from playing music during the Muharram procession as it could potentially lead to a law and order situation, thereby capitulating to the Thowheed Jamath which was restricting other Muslims of the area from practicing their tradition.
The court directed the administration to provide security for the processions and observed that the local police were wrong in not granting permission for the Santhanakoodu procession and Kuthirai Pancha.
In the order passed, the Madras HC said, “If one’s fundamental rights are under threat, the duty of the administration is to uphold the rights and put down those interfering with the exercise of the rights. Fundamental rights shall take precedence over fundamentalist forces”.
“The petitioner and his associates have the fundamental right to conduct their religious procession. This right stands protected by Article 19(1)(b) and (d) of the Constitution of India. This right has been exercised by the petitioner’s forefathers over centuries. It is not open to Thowheed Jamath to dictate to the petitioner’s group as to how they should conduct the festival. Thowheed Jamath has no right to prevent the petitioner’s group from going on a religious procession. It is unfortunate that the District Administration chose to succumb to the threats held out by the fundamentalist elements…If the District Administration is to take the easy and lazy option of prohibiting the exercise of the right by citing law and order issues, it would betray their impotence,” Justice Swaminathan said.
The judge further told Thowheed Jamath that if they did not like the Santhanakoodu procession and Kuthirai Pancha, they should simply stay indoors.
It is pertinent to note that in Ervadi Town in Tirunelveli District, there is a Muslin shrine in memory of Saints Hasan and Husain. It is known as Ervadi Dargha. Apart from this mosque, there are six other mosques in the town. Out of them, two subscribe to Thowheed Jamath principles. Further, it was the Ervadi Dargha that has been observing the tradition of observing Muharram with drums and music. The Thowheed Jamath essentially opposes any “corrupting” influence and wants Islam to be practiced in its purest form.
What did the court say about Thowheed Jamath and its brand of Islam
The court observed, “Religious beliefs and practices cannot be reduced into mono categories. Perceptions are bound to differ. That is why, there are different schools of philosophical thought. Admittedly, there are two principal sects, namely, Shia and Sunni. But they are not all. There is the rich and sublime Sufi tradition. They stand for syncretic culture. They do not stick to the rigid rules of orthodoxy. Their accent is more on love and harmony. Jalaluddin Rumi and his work “Masnavi” come to mind. He was the greatest dervish who believed in dancing one’s way to God. There are hundreds of classical musicians who are at the same time pious Muslims”.
While hailing Sufism, the court said that Thowheed Jamath is only comfortable with Islam as practiced in Saudi Arabia.
“Islam was founded in the 7th Century in the Middle East. It has spread to several parts of the world ever since. Thowheed Jamath would want Muslims everywhere to practice Islam as in Saudi Arabia. In fact, they would go back to the times of the Prophet Himself. They are not comfortable with the practices of acquiring local color and gloss”.
The court further said, “The people in Ervadi believe in Music, Beat of Drums and Horse and Chariot Processions. To expect them to conform to Saudi Arabian practice is nothing short of a Talibanic outlook”.
How the Tamil Nadu government capitulated to Thowheed Jamath
The Tamil Nadu administration and police not only denied permission to Ervadi Dargah to observe Muharram with drums and music, but also pleaded in court that the petition by the Dargah should be dismissed, and the decision of the administration to not grant permission must not be overturned.
The Special Government Pleader appearing for the revenue authorities submitted that there has been severe opposition from the adherents of Thowheed Jamath and that the writ petitions filed by the petitioners during the previous years suffered dismissals and that therefore, a departure need not be made.
The Government counsel, appearing for the district police further said in court:
“The Muharram festival was conducted without any obstruction or objection for several decades. The general public irrespective of communities and religion used to take part. Only in the year 2011, an objection was raised by the Thowheed group. Certain unpleasant incidents took place. FIRs were registered. Peace committee meetings were convened almost every year. It was decided that objectionable events such as “Kuthirai Pancha”, “Santhanakoodu Procession” etc., would not be conducted. There was consensus for conducting only four events. The police have been granting permission in line with the said decision. In the year 2019, again, four criminal cases were registered. As on date, no criminal case is pending. Either they ended in acquittal or were closed as “Mistake of Fact”. The jurisdictional police have stated that based on the order to be passed by the High Court, they are ready to provide protection to ensure that there is no breach of public peace”.
Essentially, the Tamil Nadu government adhered to the notions held by the Thowheed Jamath that Islam should only be followed in its purest form and traditions of the Dargah, of celebrating Muharram with drums and music, was essentially a “corrupting influence” on Islam. In its submissions, as recorded in the order, the Tamil Nadu government went as far as to brand the tradition of the Dargah as “objectionable events”.
The Madras High Court observed in its order that the Tamil Nadu government had ‘caved in’, essentially saying that it gave into fundamentalist elements. “The District Administration caved in. That is how, for the last fourteen years, customs such as Kuthirai Pancha and Santhanakoodu could not be observed”, the court observed.
