The Supreme Court on Friday upheld the Karnataka government’s decision to invite Booker Prize winner Banu Mushtaq to inaugurate this year’s Dussehra festival at the Chamundeshwari temple, rejecting the plea that the state’s decision had affected the fundamental rights and sentiments of millions of Hindus across the country.
A bench of Justice Vikram Nath and Justice Sandeep Mehta dismissed the appeal, saying that since the event is a state function, a secular government cannot be expected to discriminate between citizens on the basis of their religion.
“What is the Preamble of this country?” Justice Nath asked, to which the petitioner’s counsel said “secular”, but in the same breath argued that the state cannot interfere with a citizen’s religious activities.
“This is a state-organised programme. How can the state distinguish between A, B and C,” Justice Nath asked. The petitioner’s counsel, P.B. Suresh, replied: “Performing puja inside a temple is not a secular activity”. He argued that there were a number of Supreme Court judgments which prohibited the state from interfering with the religious rights of citizens.
Suresh alleged that Mushtaq had made several offensive statements against the Hindu community earlier; therefore, she should not have been invited.
However, the bench refused to buy the argument and tersely said: “Dismissed”
When the counsel tried to persist, the bench asked him how many times it
should say “dismissed” and proceeded to hear the next case on the agenda.
The appeal had been filed by H.S. Gaurava, a resident of Karnataka. He contended that inviting a Muslim woman to perform Hindu religious rituals violated the fundamental rights of Hindus under Articles 25 and 26.
While Article 25 grants every citizen the fundamental right to freedom of conscience, profession and to practise one’s religion, Article 26 deals with the freedom to manage one’s religious affairs.