Madras High Court Directs Police To Prohibit "Obscene And Vulgar Dance Performance" In Government Controlled Temple

The Madras High Court has directed the Police authorities to prohibit obscene and vulgar dance performance in the forthcoming Dasara festival of Arultharum Mutharamman Thirukovil at Kulasekarapattinam, Thoothukudi District, which is under the control of the Tamil Nadu Hindu Religious Endowment Department.

"We direct that the obscene and vulgar dance performance should be specifically prohibited by the Police authorities in the forthcoming festival and if any one violates the same, appropriate action shall be taken against them…", the Bench of Justice R Mahadevan and Justice J. Sathya Narayana Prasad ordered.

The Court was dealing with a writ petition filed by one B. Ramkumar Adityan seeking directions to Superintendent of Police to obtain a declaration from the organisers of all Dasara Groups and Sound Hire Service Providers not to sing and play any non Devotional Songs and Kuthu Pattu during Dasara festival in order to stop vulgar and obscene dance performances in the name of Dasara Groups.

Advocate S. Sankar appearing for the petitioner submitted that the fame of Dasara festival was shadowed by the performance of the obscene and vulgar dances.

It was averred that TV serial actors and actress and sub actors and actress from Tamil and Hindi Cinema Industries hired by dasara groups do not observe any Viradham, mingle with Dasara Groups and are performing dances for Cinema Songs.

It was submitted that their dance is obscene and vulgar which affects religious beliefs and against age old Traditional Viradham System and Culture of the Arultharum Mutharamman Thirukovil, located in Kulasekarapattinam.

The counsel for the petitioner pointed out that the Court had directed the authorities in 2017 to ban dance performance of paid dancers in Dasara groups. Further, the petitioner had filed a petition in 2018 seeking a ban on obscene and vulgar dance and the Court had directed the authorities to ensure compliance with the order passed by the Division Bench. Therefore the counsel for the petitioner prayed for allowing the instant petition.

Additional Public Prosecutor T. Senthil Kumar appearing for the Police authorities submitted that the directions of the Division Bench in 2017 will be followed by the police authorities in letter and spirit, during the forthcoming Dasara festival.

Further, the Additional Public Prosecutor also submitted that the Circular Memorandum issued by the Director General of Police in 2019 shall also be followed whereby, consolidated instructions with regard to the procedures to be followed while granting permission to conduct cultural events, sports events, procession/meeting etc, have been issued.

The Court noted that "…the apprehension of the petitioner to protect the traditional culture and customs of Dasara festival from the vulgar and obscene dance performance, is well founded."

"However, now it is the submission of the learned Additional Public Prosecutor that the Circular Memorandum in Rc.007301/Genl I (1)/2019 dated 09.04.2019 and the directives of the Division Bench in W.P(MD)No. 16077 of 2017, dated 31.08.2017, will be followed by the police authorities in letter and spirit, during the forthcoming Dasara festival.", the Court noted further.

Therefore the Court while recording the submissions made by the Additional Public Prosecutor directed that the obscene and vulgar dance performance should be prohibited by the Police authorities. The Court further ordered that if anyone violates the same, appropriate action shall be taken against them.

Cause Title- B. Ramkumar Adityan v. District Collector & Ors.

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