Special Correspondent, Chennai
Madurai High Court Bench Allows Revival of Angapradakshinam (comes from two Sanskrit words ‘Anga’ meaning body, and ‘Pradakshinam’ meaning circumambulation) Ceremony Amid Controversy.
On May 17, Judge G.R. Swaminathan of the Madurai bench of the Chennai High Court granted permission for the Angapradakshinam ceremony to take place the next day. This decision has sparked significant debate, reflecting the complex intersection of religious freedom and constitutional rights.
Background and Ritual
The Angapradakshinam ceremony involves devotees rolling on plantain leaves that have been used for a sacred offering of food, Annathanam, which other devotees have already consumed. This ritual, observed on the eve of Jeeva Samadhi day of Sri Sadasiva Brahmendral in Nerur village, Tamil Nadu, was halted in 2015. A devotee, frustrated by the authorities’ refusal to revive the 120-year-old tradition, sought relief from the High Court, citing his fundamental rights.
Legal Hurdles
The district administration and police cited a 2015 court order as the reason for discontinuing the practice. Judge Swaminathan’s ruling noted that while Article 25(1) of the Constitution guarantees the right to freely profess and practise religion, this freedom is not absolute and must respect public order, morality, health, and other constitutional provisions.
Image; Judge G. R. Swaminathan
Judge Swaminathan emphasized that the right to privacy includes spiritual orientation, equating it with sexual and gender orientation. He argued that individuals should be free to express their spiritual beliefs as long as they do not infringe on others’ rights. He stressed that the state and courts should not interfere if these boundaries are maintained.
Historical Context and Judicial Observations
Judge Swaminathan observed that rolling on the ground has been a recognized religious practice among devotees and referenced historical texts like the Mahabharata, which suggest such practices were believed to confer spiritual benefits. He concluded that Angapradakshinam is an act of high religious worship protected by constitutional provisions.
The 2015 Ruling and Allegations of Discrimination
In contrast, Justice S. Manikumar’s 2015 ruling described the practice as inhuman, denying permission to conduct it at the Nerur Sathasiva Brammendiral Temple. Allegations were made that Dalits and non-Brahmins were rolling over plantain leaves left by Brahmins, suggesting caste discrimination. The respondents denied these allegations, claiming inclusivity in the ritual, but the court maintained that religious practices should not degrade human dignity as guaranteed under Article 21.
Justice Manikumar’s decision was influenced by a Supreme Court stay on a similar practice in Karnataka, citing concerns about public order, morality, and health.
Judge Swaminathan’s Verdict
Judge Swaminathan critiqued the 2015 ruling for procedural flaws, particularly the non-joinder of necessary parties such as the trustees and devotees of the Nerur Adhishtanam. He declared Justice Manikumar’s order null, arguing that violations of natural justice principles can render even judicial orders void.
Judge Swaminathan also distinguished the case from the Supreme Court’s pending case on similar practices, asserting that the Angapradakshinam ritual in Nerur promotes communal harmony rather than untouchability. He directed police to ensure that devotees can practise their fundamental rights without obstruction.
Implications and Ongoing Legal Battles
The Supreme Court is yet to decide on the broader issue of similar rituals in Karnataka, which could set a precedent for cases like Angapradakshinam. The next hearing is pending, with the court needing to balance religious freedoms against constitutional morality and public order.
Judge Swaminathan’s ruling highlights the ongoing tension between preserving religious traditions and upholding constitutional values. As the debate continues, the final verdict from the Supreme Court will be crucial in shaping the future of such religious practices in India.