Can’t disturb age-old practices: HC

Can’t disturb age-old practices: HC

30/05/2020, B. TILAK CHANDARMADURAI

Refusing to interfere into the conduct of religious practices and rituals, the Madurai Bench of the Madras High Court on Friday dismissed a writ petition that sought a direction to the State to prevent the practice of breaking coconut on the head of devotees during Aadi festival in a temple in Karur district.

The petitioner-society, Arulmighu Mahalakshmi Mumudiyar Kulanala Sangam, represented by its 26 members filed the writ petition last year against the practice that was being followed in Mahalakshmi Amman Temple in Karur district.

The petitioners said the practice of breaking coconut on the head of devotees resulted in serious head injuries and must be stopped. Instead, the coconut could be simply placed on the head of the devotee first and then broken on the ground.

Justice R. Suresh Kumar observed that the breaking of the coconut on the head of devotees in common parlance may be considered one of the most weird rituals to be performed in temples. But the devotees were willing to practise it. Under Article 26 of the Constitution, it has been made clear that freedom to manage religious affairs was subject to public order, morality and health. These practices that were performed for several centuries cannot be considered to be against public order, morality and health.

Such practices were followed not only in the Karur temple, but also in shrines across the State for ages. The devotees come to temples and volunteer to perform the ritual every year. This was not only the practice where devotees put their body to suffering. Fire walking (thee mithi) and body piercing (alagu kuthuthal) were the other two.

Such religious faith and practices have been mentioned in Tamil literature and were part of the Tamil tradition.

A classic example can be found in Kalingathu Parani in which Jayamkondar described how valiantly the Chola army men fulfilled their vow after conquering Kalinga, the judge said.

“The beliefs of any religion or religious denomination or community cannot be easily disturbed by the diktat of courts of law except in the manner known to law. Therefore, this court is not inclined to issue any direction, as sought, in this writ petition,” the judge said and dismissed the petition.