The Madurai Bench of the Madras High Court said whenever allegations were raised before a Constitutional court that members of a Scheduled Caste community were being prevented from participating in a public religious festival or were denied equal access to a public temple on account of caste identity, such allegations cannot be treated as mere private disputes. They strike at the heart of constitutional morality itself.
The court was hearing a petition filed by Bakiyaraj who belonged to the Devendra Kula Vellalar community. The petitioner said he was a resident of Muthalapuram village in Nilakottai taluk in Dindigul district. He said the village deity Arulmighu Ayiram Aruval Kottai Karuppasamy was a public deity worshipped by all villagers irrespective of caste.
According to the petitioner, during the annual festival celebrated in the Tamil month of Thai, a ceremonial wooden chest adorned with silk cloth was traditionally taken in procession through the village streets. It was said for several years the procession was deliberately prevented by some persons from entering the north street inhabited predominantly by the members of the Devendra Kula Vellalar community. However, the allegations were denied.
Justice L. Victoria Gowri said Article 17 of the Constitution abolishes untouchability and forbids its practice in any form whatsoever. The constitutional prohibition is absolute. It is not subject to custom, usage, local tradition or social acceptance. The Constitution does not merely prohibit physical segregation. Any disability imposed upon a citizen solely because of caste identity falls within the broader constitutional vision that Article 17 of the Constitution seeks to eradicate.
Article 51A(e) of the Constitution casts a fundamental duty upon every citizen to promote harmony and the spirit of common brotherhood transcending religious, linguistic, regional and sectional diversities. A temple festival conducted in a village is not merely a religious event. It is also a social institution intended to unite people. If a festival becomes a mechanism for exclusion, the very purpose of community worship stands defeated, the court said.
The District Collector, being the head of the district administration, is best equipped to undertake a field inspection, interact with all stakeholders, examine historical records, ascertain the feasibility of the procession route, assess law and order implications and evolve an inclusive mechanism consistent with constitutional values, the court said and issued a set of directions to the Collector.
The court expects the district administration to approach the issue not as a mere law and order exercise but as an opportunity to reinforce the constitutional values of equality, dignity and fraternity among all the residents of village, the court said.
Published – June 30, 2026 11:22 pm IST
