The Calcutta High Court recently made an observation that Durga Puja stands as one of the most secular festivals and is not solely a religious event.
The remark came from a single bench of Justice Sabyasachi Bhattacharyya as he issued an order to the Kolkata authorities, directing them to grant permission to an organization for conducting Durga Puja celebrations at a designated public ground in the city.
The Court dismissed the authorities’ assertion under Article 25 of the Constitution, which claimed that the petitioners lacked the right to conduct worship in public parks, roads, footpaths, and similar places.
“The Durga Puja Festival is widely known not just for its religious worship aspect, but also for being a convergence of diverse cultures… Thus, there exists an amalgamation of ceremonies, cultural activities, festivities, and exuberance, alongside religious observance. Therefore, the Durga Puja Festival holds a much broader secular essence than being a pure religious ritual of a particular community. It cannot be simply restricted to being a ‘religious offering’ of a singular community,” the judgment stated.
The Bench was hearing a plea challenging the authorities’ denial of permission to hold the Durga Utsab 2023 at the New Town Mela Ground, an area utilized for hosting various fairs.
The authorities put forth several objections, which the petitioners argued were weak reasons for denial. The petitioners cited Article 14 of the Indian Constitution, asserting their equal right, similar to others, to organize a Durga Puja festival on the mentioned ground.
After hearing the arguments, the Bench noted that the pivotal differentiating factor in this case is that the site intended for the Durga Puja Festival is not a street, footpath, or playground. Instead, it is a specially designated ground for fairs.
“The authorities have failed to establish any logical or reasonable distinction between a Durga Puja Festival and regular fairs or other designated festivals held at the Mela Ground. Both involve significant footfall and crowd gatherings, including vehicle parking for attendees,” the bench observed.
The argument that allowing Durga Puja at the site would overburden the Kolkata Police was dismissed as ‘completely unfounded’ by the Court. The Court highlighted that in the entire state, numerous extensive Durga Puja celebrations are organized by different entities in close proximity to each other.
The Bench also emphasized that an individual’s residence or workplace in another area cannot serve as a hindrance to organizing a festival on public property specifically designated for communal functions.
“Article 19 of the Constitution assures citizens the right to peacefully assemble and move freely within India. These rights would be undermined if individuals are denied permission by public authorities solely due to their residence elsewhere, unless there exists a clear reason for such discrimination or a policy decision grounded in intelligible criteria,” the Court stated.
It was also acknowledged that the petitioners had agreed to pay the full fees, as prescribed by law and procedure, for conducting the aforementioned festival.
