No modified form of made snana till constitutional validity is decided: HC

The High Court of Karnataka on Wednesday said it would not be proper for it to allow the “modified form” of made snana at Kukke Subrahmanya temple in Dakshina Kannada till it decides the constitutional validity of the traditional form of the ritual.

A Division Bench comprising Justice N. Kumar and Justice B.V. Nagarathna passed the interim order after it was clarified that there was no caste-based discrimination either in serving food or in allowing people to roll over the leftovers, and the ritual was practised by the devotees voluntarily.

“When the ritual is open to all communities, the practice

prima facie does not violate constitutional provision in this regard,” the Bench observed. The Bench passed the order during the hearing of a review petition filed by Subrahmanya-based Adivasi Budakattu Hitharakshana Vedike, many members of which belong to the Malekudiya community, belonging to the Scheduled Tribe, who work in the temple. The vedike had sought review of the court’s November 8, 2012 order of accepting the State government’s proposal to introduce a “modified form” of

made snana . While staying the 2012 order, the Bench said it would consider the issue, which is related to the right to religious faith and practice versus right to equality before law, life and personal liberty under the Constitution.

The government in 2012 had proposed the “modified form” when Veerabhadra Chennamalla Swami of Nidumamidi Math and others had filed a PIL petition. They had sought a ban on the practice.

As petitioner-seer and others accepted the “modified form” proposed by the State, the High Court had put an end to their litigation without expressing its view on the constitutional validity of the practice. However, the vedike moved the Supreme Court questioning the “modified form” contending that the High Court did not hear its plea against any interference in the ritual practised by them from time immemorial. As the Supreme Court has stayed the “modified form”, the traditional form of made snana continued, and finally the apex court in September this year vacated the stay and referred the matter back to the High Court asking it to hear pleas of the vedike on merit.

No comments: seer

Udupi Special Correspondent reports:

Vishwesha Tirtha Swami of Pejawar Math declined to comment on the High Court’s interim order.

Speaking to The Hindu over the telephone from Andhra Pradesh, the seer said he had suggested ede snana as a compromise measure. Under ede snana, devotees would roll over the “prasadam”. This “middle path” would have taken care of the concerns of those who opposed made snana and those in favour of it. But some seers and intellectuals questioned it. “Hence, I have decided to remain neutral over the issue. I will not comment on it,” the Pejawar seer said.