Salvation Of Country Lies In Identifying People As Human Beings & Indians, Communal Identities Play Secondary Role: Karnataka High Court

In lauding the communal harmony exhibited by people in the border area of Hyderabad and Karnataka, the Karnataka High Court has observed, “The salvation of the country lies in identifying human beings as a human being and as an Indian with the other identities playing a secondary role.”

Justice M I Arun pointed out that Yadgiri District, which is a part of Hyderabad Karnataka area, celebrates communal harmony, which is generally found in Hyderabad-Karnataka area. This includes the participation of both Hindus and Muslims in the festivals of each other's communities.

It said “The institutions like Sharanabasaveshwar Temple, Khaja Bandanawaz Dargah, are examples of the communal harmony, which can be followed by the entire country...In tune with the communal harmony, Muharram festival of the Muslim community is also celebrated by Hindus, wherein certain Hindu Deities are also worshipped by both Muslims and Hindus during the festival.”

These observations were made while hearing a petition filed by Madiga Dandora, which stated that in Tumkur village in Vadagera Taluk of Yadgiri district, a Hindu Deity called Kashimalli is worshipped by both Hindus and Muslims, and the Muharram festival is also celebrated by a folk dance called 'Alai Bhosai Kunitha' in front of the village temple.

Members of the Madiga Community also participate in the said celebrations. The celebration also involves beating of halige (a type of percussion instrument) by the Madiga Community.

However, it was felt that they were being made to beat the same because they were untouchables, and for that reason, they stopped beating the same, but took part in the festivities. This gave rise to a communal disharmony between the upper caste Hindus and the Madiga community, which resulted in communal clashes.

Thus, the petitioner gave a representation to the authorities concerned to ban public festivities, including 'Alai Bhosai Kunitha' during the Muharrum festival in the village. Since it was not considered, they approached the court.

In response, the government advocate filed an affidavit of Assistant Commissioner, Yadgiri, wherein it was submitted that it is not advisable to go ahead with Muharram festivities in Tumkur village, Vadagera taluka, Yadgiri district, in the light of the prevailing circumstances.

Following which the bench observed, “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.”

Then it said “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.”

“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,” it added.

Following this, it directed the respondents to consider the representation of the petitioner as well as hear all the stakeholders in the festivities and thereafter take appropriate decisions in accordance with law.

It clarified, “It is needless to state that, if the festivities are gone ahead with, no one can compel the Madiga community to beat the halige (a type of percussion instrument) and it is the duty of the State to give adequate protection for the participants.”

Appearance: Advocate Vinay Swamy C for Petitioner.

AGA Mallikarjun Sahukar for Respondent.

Citation No: 2025 LiveLaw (Kar) 220

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