In a landmark decision, the Madras High Court has upheld the rights of a local Muslim group in Tirunelveli, Tamil Nadu, to conduct their traditional Muharram procession with music and drums, despite opposition from another Muslim faction. Justice GR Swaminathan emphasized that safeguarding fundamental rights prevails over interference by fundamentalist elements, asserting that the state’s duty is to protect citizens’ constitutional freedoms.
The court’s ruling, issued on July 15, came in response to a petition filed by Thameem Sindha Madar, challenging attempts by the Thowheed Jamath group to prohibit the longstanding rituals of Santhanakoodu procession and Kuthirai Pancha. The petitioners argued that these customs, rooted in their heritage, were under threat from dissenting voices within the community.
While district authorities had initially cited potential law and order concerns to discourage the procession, Justice Swaminathan criticized this stance as capitulating to intimidation tactics rather than upholding constitutional rights. He underscored that under Article 19(1)(b) and (d) of the Constitution, every citizen has the right to practice and profess their religious beliefs freely, without external interference.
The court’s directive not only allowed the procession to proceed but also instructed local law enforcement to ensure adequate security measures during the event. Justice Swaminathan concluded by urging dissenting parties to respect the diversity of religious practices, advising those who opposed the rituals to refrain from participating and to respect the rights of others to observe their traditions without obstruction.
Advocate G Prabhu Rajadurai represented the petitioners in the case, while Special Government Pleader K Balasubramani and others appeared for the respondents.
