Madras High Court Upholds Religious Equality: Hindu Group Allowed to Use Public Ground Previously Reserved for Christian Events

The Madurai Bench of the Madras High Court has granted permission for a Hindu organization to conduct Annadhanam, a community feast, on a public ground in Tamil Nadu's Dindigul district, despite objections that the area had been traditionally utilized by Christians for Easter celebrations for over a century.

Justice GR Swaminathan, in his ruling on K Rajamani's writ petition, stated that government-owned public spaces "must be available to all communities or none," emphasizing that excluding any group based solely on religious grounds would violate Article 15 of the Constitution. The petitioner had contested a Tahsildar's decision that denied permission to use the N Panchampatti village common ground for a temple's Kumbabisekam feast, offering a public road instead as an alternative venue.

Representatives from the Christian community contended that the ground, classified as grama natham, had been the site for Easter dramas and gatherings for more than 100 years. They referenced a 2017 peace committee resolution that limited the use of the space to these traditional purposes.

The judge dismissed this argument, declaring that any "pre-constitutional arrangement not in accord with constitutional ethos cannot continue," and reaffirmed that "A public ground should be available for use by all communities or none."

Justice Swaminathan also criticized the official position that allowing the event might trigger "law and order" concerns. He stated that the administration should not resort to "the easy option of stifling fundamental rights" by citing potential disturbances. Referencing previous court decisions, the judge emphasized that local administration and police have a duty to protect legitimate rights rather than denying them due to opposition from another group.

He observed that officials' reliance on law and order fears amounted to "a confession of impotence" - recalling a 1926 Madras High Court order that reprimanded authorities for preventing lawful religious processions out of fear instead of ensuring protection. "When it comes to upholding fundamental rights, the police should not choose the easy option of stifling them," the judge noted.

Justice Swaminathan also shared broader thoughts on communal harmony, stating, "When a Christian friend celebrates Christmas, I should greet him first... Such interactions alone will ensure inter-religious harmony. Unless such cultural and civilisational unity is demonstrated in practice, there will not be peace in society."

Describing it as "a sorry state of affairs" that security concerns were being used to deny legitimate rights, the court instructed the Superintendent of Police, Dindigul, to ensure the event proceeds peacefully. The petitioner received permission to hold the Annadhanam on November 3 at the disputed location, with instructions to restore the ground to its original condition after the event.