The Madras High Court on Monday, July 15, permitted the observation of Muharram with the beating of drums and music in Tirunelveli district of Tamil Nadu, despite being opposed by another Muslim section.
Justice GR Swaminathan emphasised that the citizens’ right to conduct a religious procession was protected under Article 19(1)(b) and (d) of the constitution, and no one could interfere with the same.
“If one’s fundamental rights are under threat, the administration must uphold the rights and put down those interfering with the exercise of the rights. Fundamental rights shall take precedence over fundamental forces,” the court ruled.
A report by Bar and Bench said that the petition was filed by Thameem Sindha Madar, who approached the court claiming that the Muslim devotees in Ervadi town in Tirunelveli had traditionally been carrying out Muharram procession with the beating of drums and music for years. However, this year, they were facing opposition from another section of Muslims.
The opposing section, Towheed Jamath, alleged that the rituals of Muslim devotees in Ervadi town were “corrupt”, asserting that Islam should be practised in its pure and original form.