Community has right to celebrate festival without provoking other communities: Karnataka High Court

The Karnataka High Court recently held that no community can compel another to do something the latter despises, on the ground of tradition [Madiga Dandora v. State of Karnataka & Others]..Justice MI Arun observed,"The salvation of the country lies in identifying human being as a human being and as an Indian with the other identities playing a secondary role....further, a community has a right to celebrate a festival without provoking the other communities. However, a particular community cannot force another community to do an act, which they despise, only on the ground that it has been done traditionally by them.".The Court was hearing a plea by an organisation called Madiga Dandora seeking to ban public festivities in Tumkur village, Yadgiri during the Muharram festival. The organisation is based in Yadgiri district, where Muharram is also celebrated by Hindus and certain Hindu deities are worshipped by both Muslims and Hindus during the festival. The Court was told that the festival is also celebrated by a folk dance called ‘Alai Bhosai Kunitha’ in front of the village temple. As part of the festivities, members of the Madiga community (Dalits) were expected to beat a traditional percussion instrument called halige. The petitioner organisation contended that since the practice reinforced untouchability by imposing a subordinate cultural role on Dalits, it was discontinued. This led to communal clashes between upper caste Hindus and Madigas, the Court was told..The Court expressed concern over the breakdown of communal harmony, observing that a festival traditionally celebrated together by Hindus and Muslims had sadly become a source of conflict, particularly between upper-caste Hindus and Dalits."It is unfortunate that a Muslim festival, which is being celebrated harmoniously by both Hindus and Muslims has resulted in communal clashes between upper caste Hindus and the Dalits...the State should promote festivities, which spreads the message of peace and communal harmony between several communities, but, however, when it is not possible, the decision is best left to the State authorities and in the present circumstances, the State authorities are required to decide whether the festivities are required to be gone ahead with or not.".Accordingly, the Court directed the concerned authorities to consider the petitioner’s representation and hear all stakeholders before arriving at a decision. It added that if festivities were to proceed, the State must ensure that no member of the Madiga community is compelled to beat the halige and that adequate protection is provided to all participants..Advocate Vinay Swamy C appeared for petitioner. Additional Government Advocate Mallikarjun Sahukar appeared for the State..[Read Order]