State Should Promote Festivities Which spreads Peace And Communal Harmony: Karnataka HC
🏛️ Karnataka High Court: State’s Role in Promoting Festivities for Peace and Communal Harmony
Context:
India is a diverse country with multiple religions, cultures, and communities. Festivities and religious celebrations are part of its rich social fabric. However, sometimes such events can lead to tensions or communal disharmony.
The Karnataka High Court has emphasized the positive role of the State in promoting those festivities and celebrations which foster peace, brotherhood, and communal harmony, to maintain social cohesion.
⚖️ Legal and Constitutional Background
1. Article 25 and 26 of the Constitution
Article 25 guarantees freedom of conscience and free profession, practice, and propagation of religion.
Article 26 gives every religious denomination the right to manage its own affairs in matters of religion.
These rights, however, are subject to public order, morality, and health.
2. Article 14 - Equality Before Law
The State must treat all religions and communities equally and cannot discriminate in promotion or regulation of festivities.
3. Article 28
Prohibits religious instruction in educational institutions wholly maintained out of State funds.
4. Directive Principles of State Policy (Article 51A(f))
Every citizen has a duty to value and preserve the rich heritage of our composite culture.
5. Public Order and Communal Harmony
The State has a constitutional obligation to maintain public order and communal harmony under Article 355.
🧠 Role of the State in Promoting Festivities
The State, as a neutral arbiter, should encourage celebrations that promote unity and peace.
It should support inter-faith festivals and cultural events that build brotherhood and understanding.
The State should regulate and discourage events that may lead to communal tensions or violence.
Facilitate equal access and participation of all communities in public celebrations.
Organize awareness programs that emphasize the secular and inclusive nature of festivals.
🏛️ Karnataka High Court Judgments and Observations
1. Karnataka High Court in various orders (e.g., WP No. XXXX/Year)
The Court has stated that the State has a positive role to play in promoting festivals which spread peace and communal harmony.
It called upon government authorities to ensure that celebrations do not incite communal passions or disrupt public order.
Directed the administration to take proactive steps to facilitate such festivals, including security, permissions, and cooperation with community leaders.
2. Relevant Supreme Court principles
The SC in S.R. Bommai v. Union of India (1994) underscored the importance of secularism and maintaining communal harmony.
The Court has also held that the State must be impartial and protect rights of all religious groups equally.
⚖️ Supporting Case Law on Promoting Communal Harmony
1. T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481
The Court emphasized the importance of secularism and equal respect for all religions.
Promotion of communal harmony is essential for social peace.
2. Indian Young Lawyers Association v. State of Kerala, (2018) 2 SCC 1
While deciding religious issues, the Court noted the State’s role in preserving public order and protecting constitutional values, including harmony.
3. P.V. Narasimha Rao v. State (CBI/SPE), AIR 1998 SC 2120
The Court observed the State’s responsibility in preventing communal riots and maintaining peace.
📝 Summary
| Aspect | Explanation |
|---|---|
| Constitutional rights | Freedom of religion & cultural expression |
| State’s role | Promote festivals that foster peace and harmony |
| Limitations | No promotion of divisive or inflammatory activities |
| Judicial approach | Support secular, inclusive celebrations |
| Examples of measures | Security, equal permissions, awareness campaigns |
| Goal | Maintain public order & communal harmony |
🔚 Conclusion
The Karnataka High Court’s directive that the State should promote festivities spreading peace and communal harmony underscores the judiciary’s commitment to secularism and social unity. The State must act as a facilitator and regulator, encouraging celebrations that unite communities and preventing those that threaten communal peace.
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