Participation Of Person From One Religion In Festivals Of Another Religion Doesn't Violate Any Constitutional Rights: Karnataka High Court
“Participation of a person practicing a particular faith or religion, in celebrations of festivals of other religion does not offend the rights available under the Constitution of India,” the Karnataka High Court has held.
The observation was made while dismissing a batch of petitions challenging State's invite to Booker Prize winner Banu Mushtaq as the Chief Guest for inauguration of Dasara festival in Mysuru.
A division bench of Chief Justice Vibhu Bakhru and Justice C M Joshi observed that Petitioners' right to practice and propagate religion under Article 25 of the Constitution cannot be said to have been curtailed by merely inviting Mushtaq, an "accomplished person".
"Undisputedly, respondent No.4 is an accomplished author and 2025 Booker Prize winner. She is also a lawyer and a social activist. She has also served in various public offices..." it observed.
The Petitioners had argued that it would not be appropriate for Banu to participate in Hindu religious rituals, including lighting of a sacred lamp, offering fruits and flowers to the deity and chanting Vedic prayers. Such practices can only be performed by a Hindu, they argued.
The State on the other hand submitted that it's a function organised by the State, not by any temple or religious institution, and as such there can be no discrimination on the ground of Religion.
It also cited a 2016 Circular issued by the State, declaring that all temples coming under the jurisdiction of the Department of Religious Endowments were required to grant free entry for all, without distinction of caste, community, religion or gender.
The High Court noted that undisputedly, the festivities are organized by the State every year and accomplished persons like scientists, educationists, authors and freedom fighters have been invited in the past.
It also noted that the decision to invite Mushtaq was taken by a Committee that comprised of elected representatives from various parties and various Government officials. It thus said,
"we are unable to accept that any legal or constitutional right of the petitioners is violated by extending the invitation to respondent No.4 to inaugurate the State sponsored Dasara festivities. In our view, the extension of invitation to respondent No.4 does not fall foul of any of the values enshrined in the Constitution of India.”
It added, "no right of any religious denomination or any Section thereon has been curtailed or restricted. None of the persons managing any religious denomination have come forward to claim that their right to maintain their institutions for religious and charitable purposes is being violated.”
Appearance: Advocates Rajavardhana Reddy B, S Sudharsan, Anand N S for Petitioners.
Advocate General Shahi Kiran Shetty a/w AAG Prathima Honnapura, AGA Niloufer Akbar for Respondents.