Calcutta High Court Upholds Right to Celebrate Ganesh Puja on Public Grounds
In a landmark decision, the Calcutta High Court has ruled in favor of the Siddhi Vinayake Puja Committee, asserting that denying permission to host Ganesh Puja on public grounds, while allowing Durga Puja celebrations, would infringe upon the petitioner’s fundamental rights under Article 14 of the Constitution.
Justice Sabyasachi Bhattacharya, presiding over the case, remarked,
“If Durga Puja, which is also a festivity of Hindus, is allowed on the ground in question, there is no reason why festivity of other religions or the same religion, be it of other idols, should not be allowed.”
The judge further emphasized that the differentiation made by the Asansol Durgapur Development Authority (ADDA) lacked a reasonable classification within the ambit of Article 14.
The Court’s observation was particularly pointed when it came to equating government programs with Durga Puja.
“More absurd is the equation of government programs with Durga puja. There is nothing in government programs which could be put on equal footing with the occasion of Durga Puja ceremony, more so, in the present context,”
the bench stated.
The Siddhi Vinayake Puja Committee had contended that the public ground in question had previously been used for Durga Puja celebrations. However, in 2022, the ADDA decided to exclusively allocate the ground for Durga Puja festivities. The Committee argued that there was no reasonable distinction between Ganesh Puja and Durga Puja or other government programs concerning public properties.
In response, the ADDA’s counsel invoked Article 25 of the Constitution, arguing that the right to practice religion did not encompass the right to claim a specific place for worship. They further contended that Durga Puja was a semi-secular festival, implying that Ganesh Puja, especially in West Bengal, did not hold the same widespread significance.
However, the Court clarified that the case was not about the rights under Article 25 but rather revolved around the Right to Equality under Article 14. The bench observed,
“The right to life, which is vested in every citizen of India, includes the right to live with dignity and in a proper manner, which includes, broadly, the rights of a person to practise his festivities and ceremonies as well, irrespective of the component of religion therein.”
Concluding its judgment, the Court directed the ADDA to permit the Siddhi Vinayake Puja Committee to celebrate Ganesh Puja on the specified public ground from September 18 to September 22. The Committee was also instructed to ensure law and order during the celebrations and return the ground in its original state to the authorities post-festivities.
