Madras HC Allows Individuals To Observe Religious Ceremonies On Vinayaka Chathurthi; Bars Organizations [Read Order]

The Madras High Court has permitted individuals alone to observe Vinayaka Chathurthi by placing Vinayagar idols before the house and temples and by finally immersing them in the water bodies. However, the court said that there is a total bar to undertake the same activities by organisations.

The bench comprising Justice MM Sundresh and R. Hemalatha issued the following directives in writ petitions filed by two persons who challenged overall banning of installation of Vinayaka idols in public places and taking them out in procession for immersion in water bodies or seas:

(i) Individuals are permitted to have their Vinayaga idols after the performance of the ceremony in front of their respective houses.

(ii) Individuals are permitted to drop the Vinayaga idols at the entry point of the temples. This direction is issued by taking note of Clause (3) of para 2 of the order under challenge which does not prohibit even the worship before the temples coming under certain categories.

(iii) Individuals are allowed to immerse the idols which can be carried out only by a single person in the water bodies. No such activities shall be carried out in the stretch between Santhome to Napier bridge.

(iv) The permission given is restricted only to the individuals alone and therefore, there is a total bar to undertake the same activities by organisations.

(v)The aforesaid directions are subject to the regular restriction which are already in vogue including the time restriction and the social distancing.

(vi) For any violation of these directions, the respondents are at liberty to take appropriate action in the manner known to law as they are applicable only to the individual cases alone.

The bench recorded the submission of the petitioners they would not insist upon either mass procession or mass immersion, however individuals will have to be permitted to  undertake and perform the religious ceremonies on the auspicious day. The court said:

Thus, there is no difficulty in holding that the practice which has been followed for decades by the individual having faith either by placing the idol after performance of the ceremony in front of their house, temples and immersion in water bodies will not have any bearing to either the pandemic situation or the law and order. At the risk of repetition, we wish to say that it is the individual who does this practices and therefore there is no possibility of any spread of pandemic. Secondly, it is these individuals who are going to immerse and not and not the organisation. Therefore, the regular restriction with respect to the number of persons also would apply to these cases. 

The court also observed that local artisans would suffer in case the aforesaid act are prohibited. The scores of local artisans who are involved in this business, their business is drastically affected due to the pandemic and now they will be reduced to starvation and penury, it said. The court observed:

There are one more issue of much important which we are concerned, pertaining to Vinayagar idol itself. The idol is prepared by the local artisans. These idols are to be used only once in an year during the Vinayagar Chathurthi festival. Almost all the idols are made up of clay. The longevity of the clay that is being used in making of the idol is very limited, it would not last for more than few days. Therefore, the idols already manufactured by the local artisans would get lost and this cannot be used for any other purpose. The scores of local artisans who are involved in this business, their business is drastically affected due to the pandemic and now they will be reduced to starvation and penury. Hence, on this account also, we are of the view that the directions are necessary as they would facilitate  the purpose of usage of the clay idols manufactured by the local artisans

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