No Chathurthi celebrations in public: High Court

A PIL filed by B Ramasamy of Thoothukudi came up for hearing before a division bench comprising Justice M Sathyanarayanan and Justice P Rajamanickam, where the petitioner stated that since the festival, which falls on August 22 this year, is among the most popular in India, it should be celebrated with adequate COVID-safe measures in place.

However, the State government on August 13 had imposed a ban on the celebration, disallowing installation of idols and procession for immersion and also instructed the public to opt for indoor celebration. This is a complete violation of rights under Article 25 and 26 of the Constitution, Ramasamy said, adding, the government ought to have permitted it following all restrictions, just like how the BMC in Maharashtra has done, despite the State being the worst-hit in the country. It has permitted the public to celebrate Vinayaga Chathurthi but with conditions. Hence the Tamil Nadu government ought not to have hurt religious sentiments.

Citing these points, the petitioner sought the bench to quash the TN GO and direct respondents to permit the celebrations. The bench, however, said it could not intervene in the government’s policy decision and hence could not scrap the order.

With the world struggling to tackle the spread of the novel coronavirus, the bench questioned how celebrations could possibly be held in public, citing the example of the famous Madurai Chithirai festival of the Kallalagar temple also being cancelled this year due to the pandemic. The petitioner was also instructed not to compare the issue of installing Vinayaga idols in public in TN with other States.

A division bench of the Madras HC asked the government to consider allowing individual devotees to adhere to the tradition of immersing Vinayaga idols or leave it before a temple. The bench comprising Justices MM Sundresh and R Hemalatha made the observation on Thursday while hearing a plea on the idol makers suffering huge losses due to the complete ban. However, the bench asked Advocate General Vijay Narayan to find out by Friday if a few relaxations could be provided to safeguard the interests of the artisans. Justice Sundresh pointed out that suddenly banning the practice of idol immersion would affect devotees’ sentiments.

Despite right wing leaders’ insistence on installing deities in public on Vinayaga Chathurthi, the government on Thursday reiterated its previous stand of not allowing any procession or installation of idols in public. “To prevent the spread of the pandemic, orders were already issued on denial of permission to carry out prayers in public and idol immersion. The public should cooperate with the State in steps taken to control spread of COVID-19,” the statement read.

Vinayaga Chathurthi will be celebrated on August 22 but the Centre, on July 29, had banned all religious functions to be celebrated in public. Based on the orders, TN had issued a GO earlier this month. However, leaders of Hindu outfits and parties announced that the GO would be defied and idols would be installed in public places.