Durga Puja Not Only About Feminine Incarnation Of Power But Provides Meeting Ground For People From Different Religions: Calcutta HC

The Calcutta High Court has observed that Durga Puja Festival is not only about providing offering to the feminine incarnation of power but also to provide a common meeting ground for people from different religions.

The Court in a petition filed by an organisation named ‘Manab Jati Kalyan Foundation’ has permitted ‘Durga Utsab 2023’ in the ‘New Town Mela Ground’ which is an expanse of property used for the purpose of holding different fairs.

A Single Bench of Justice Sabyasachi Bhattacharyya noted, “… the petitioners do not assert their right under Article 25, in view of the semi-secular nature of a Durga Puja Festival, which is not only about providing offerings to the feminine incarnation of power but also to provide a common meeting ground for people from all cross-sections of society, irrespective of caste, creed, gender and religion.”

The Bench held that the refusal of the application of the petitioners to hold Puja in a validly designated place for organizing public fairs is patently mala fide and arbitrary and does not pass the Wednesbury test of reasonableness.

“… no extra burden would be placed on the overcrowding by a single Puja being organized. In fact, the petitioners had applied for observing the Puja in the month of February this year. It is only the respondent-Authorities whose lackadaisical attitude and negligence over the matter caused the considerable delay in the petitioners obtaining permission”, also held the Court.

Advocates Tarunjyoti Tewari and Sandip Ray appeared for the petitioners while Advocates Ratul Biswas, Jishnu Chowdhury, Chayan Gupta, and Sandip Dasgupta appeared for the respondents.

The organization having office in New Town, Kolkata along with its Chairman had filed an application against the refusal to hold ‘Durga Utsab 2023’ by the respondent authorities. The counsel for the petitioners relied on Article 14 of the Constitution of India and argued that they had equal right as others to hold a Durga Puja Festival in the said Mela Ground. It was submitted that in the previous year as well, when the petitioners moved court against refusal to hold Durga Puja Festival in a bus-stand complex, the court directed an alternative ground in the vicinity to be provided. The respondents provided the New Town Mela Ground itself to the petitioners for holding such Puja.

It was argued that there cannot be any fetter on the part of the respondents in granting such permission to the petitioners. It was further submitted that other cultural events were regularly held there, including a celebration at the behest of the spouse of the Chairman, NKDA (New Town Kolkata Development Authority). It was submitted that huge emotion was attached with the celebration of Durga Puja and although the petitioners made a representation on February 28, 2023 and several representations and reminders thereafter, the respondent-authorities turned a deaf ear thereto.

The High Court in the above context of the case observed, “… the argument of the respondent-Authorities regarding the petitioners not having any choice to hold worship or organize religious offerings wherever they wish, falls flat, in view of the implicit character of the Durga Puja Festival held in the State of West Bengal. As is public knowledge, the Durga Puja Festival is not confined merely to the worship or religious offerings component of the incarnation of feminine power but also a melting pot of different cultures.”

The Court said that people from all over the State, the country and even from abroad, come to West Bengal purely for the purpose of observing the fanfare and the cultural milieu in the State during Durga Puja Festivals.

“… there is as much an element of ceremony, cultural programmes, festival and fanfare involved as religious worship. In such sense, the Durga Puja Festival is much more secular in nature than a pure religious performance of a particular community and cannot, thus, be narrowed down to being a mere ‘religious offering’ of a particular community”, added the Court.

The Court held that no intelligible or reasonable differentia has been made out by the respondent authorities between a Durga Puja Festival and ordinary fairs or other festivals designated to be held on the Mela Ground because both entail huge footfall and gathering of crowds including parking of vehicles of the people who come to visit.

“… the mere fact that a person resides or has office elsewhere cannot be a deterrent for permitting him to organize a festival on a public property by a public organization, on a plot specifically designated for holding public functions. … The petitioners are also agreeable to pay full charges, as sanctioned by law and procedure, for observing the said festival. Hence, nothing in the law can prevent the petitioners from getting such permission. In fact, the refusal by the respondent-Authorities is palpably violative of Articles 14 and 19, in particular Articles 19(1)(b) and 19(1)(d) of the Constitution, as well as arbitrary, mala fide and unreasonable”, further held the Court.

Accordingly, the High Court allowed the petition, set aside the order of the respondent authorities, and permitted the petitioners to organize and celebrate the festival, subject to payment of requisite charges and complying with the necessary formalities for such purpose.

Cause Title- Manab Jati Kalyan Foundation and another v. The State of West Bengal and others

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