MADURAI: If the
right to privacy
includes sexual and gender orientation, it certainly includes one’s
spiritual orientation
also, Madras High Court ruled, allowing a man to roll over (angapradakshanam) banana leaves after devotees have partaken of food at a place of worship in Karur district.
Calling the person’s belief (that rolling over banana leaves left behind by devotees who participate in a community feast will bring him spiritual benefit) his “spiritual orientation”,
Justice G R Swaminathan
of HC’s Madurai bench said: “It is open to a person to express this orientation in manner he deems fit.
Of course, it should not affect rights and freedoms belonging to others. So long as this Rubicon is not crossed, it is not open to the state or courts to impinge on one’s action.”
The issue relates to a petition filed by P Naveen Kumar, who is a devotee of Sri Sadasiva Brahmendral, who is believed to have attained “jeeva samaadhi” at Nerur village, Karur district. On his Jeeva Samaadhi day, his followers used to perform the roll-over for several decades.
However, in 2015,
Madras HC
banned the practice and directed authorities not to allow anyone to do “angapradahshanam” on banana leaves left after the meal is eaten. Naveen Kumar claimed that it was a 120-year-old ritual and that he had taken a vow to perform it on May 18.
Agreeing with him, Justice Swaminathan said petitioner had a guaranteed fundamental right under Article 25(1) of Constitution to carry out religious vow undertaken by him.
“Article 19(1)(d) states that all citizens shall have the right to move freely throughout India. This right is subject only to reasonable restrictions envisaged under Article 19(5). Right to move cannot be confined to walking or vehicular transportation. It would include angapradakshanam also,” he said.
Noting that HC’s ban order in 2015 was passed without hearing the necessary parties, Justice Swaminathan held that he would characterise the said order as “null and void”.
