H.S. Gaurav Vs State of Karnataka (Karnataka High Court)
Conclusion: Participation of a person practicing a particular faith or religion, in celebrations of festivals of other religion did not offend the rights available under Constitution of India.
Held: Assessee had argued that it would not be appropriate for Banu to participate in Hindu religious rituals, including lighting of a sacred lamp, offering fruits and flowers to the deity and chanting Vedic prayers. Such practices can only be performed by a Hindu, they argued. They submitted that such practices could only be performed by a Hindu and no person other than one following the Hindu faith could be permitted to perform the said rituals. The State submitted that it’s a function organised by the State, not by any temple or religious institution, and as such there could be no discrimination on the ground of Religion. It also cited a 2016 Circular issued by the State, declaring that all temples coming under the jurisdiction of the Department of Religious Endowments were required to grant free entry for all, without distinction of caste, community, religion or gender. The High Court noted that undisputedly, the festivities were organized by the State every year and accomplished persons like scientists, educationists, authors and freedom fighters had been invited in the past. It also noted that the decision to invite Mushtaq was taken by a Committee that comprised of elected representatives from various parties and various Government officials. In the present case, any legal or constitutional right of assessee was violated by extending the invitation to respondent No.4 to inaugurate the State sponsored Dasara festivities. Participation of a person practicing a particular faith or religion, in celebrations of festivals of other religion did not offend the rights available under Constitution of India. The extension of invitation to Banu did not fall foul of any of the values enshrined in the Constitution of India.
