Madiga Community Cannot Be Forced to Perform Traditional Acts They Despise: Karnataka High Court
The Karnataka Excessive Court docket noticed a group has a proper to have fun a pageant with out scary the opposite communities. Nevertheless, a selected group (Higher caste Hindus) can’t power one other group (Madiga Neighborhood) to do an act, which they despise, solely on the bottom that it has been executed historically by them.
The Writ Petition was filed by an organisation of the Madiga Neighborhood within the mild of rising communal disharmony between the higher caste Hindus and Madiga group, which resulted in communal clashes.
The Bench of Justice M.I. Arun noticed, “The salvation of the nation lies in figuring out human being as a human being and as an Indian with the opposite identities enjoying a secondary position. It’s unlucky {that a} Muslim pageant, which is being celebrated harmoniously by each Hindus and Muslims has resulted in communal clashes between higher caste Hindus and the Dalits.”
Advocate Vinay Swamy C represented the Petitioners, whereas Advocate Mallikarjun Sahukar represented the Respondents.
Case Temporary
The Petitioner contended that Tumkur village in Vadagera Taluk of Yadgiri district, Karnataka is one such place the place the Hindu Deity referred to as Kashimalli is worshipped by each Hindus and Muslims throughout Muharram pageant and the pageant can be celebrated by a people dance referred to as ‘Alai Bhosai Kunitha’ in entrance of the village temple.
Throughout the festivities, the Madiga Neighborhood beat halige (a kind of percussion instrument). It was the competition of the Petitioner, an organisation of Madiga Neighborhood that they had been being made to beat the instrument as a result of they had been untouchables and for that purpose, they stopped beating the it, however took half within the festivities. Resultantly, there was communal disharmony between the higher caste Hindus and Madiga group.
The State additionally submitted that it’s not advisable to go forward with Muharram festivities in Tumkur village, Vadagera taluka, Yadgiri district within the mild of the prevailing circumstances.
Court docket’s Evaluation
The Karnataka Excessive emphasised that the salvation of the nation lies in figuring out human beings as a human being and as an Indian with the opposite identities enjoying a secondary position.
“The problem concerned is, whether or not underneath the prevailing circumstances is it doable to keep up regulation and order with out there being violence or communal clashes through the festivities. The State ought to promote festivities, which spreads the message of peace and communal concord between a number of communities, however, nevertheless, when it’s not doable, the choice is greatest left to the State authorities and within the current circumstances, the State authorities are required to resolve whether or not the festivities are required to be gone forward with or not.”, the Court docket held.
Moreover, the Court docket emphasised that even when the festivities are allowed, nobody can compel the Madiga group to beat the halige (a kind of percussion instrument) and it might be the obligation of the State to provide enough safety for the contributors
Trigger Title: Madiga Dandora, Represented By Its, Rural Committee President V. The State Of Karnataka & Ors. (Impartial Quotation: 2025:KHC-Okay:3397)
