Calcutta, August 25 - In a landmark judgment, the Calcutta High Court declared, "Durga Puja is a secular festival just like a fair, not religious." Justice Sabyasachi Bhattacharyya, whose remarks are now at the center of extensive discussions, emphasized that the renowned festival is a convergence of various cultures and not merely a religious observance.

A controversy had surfaced in Kolkata over the denial of permission for celebrating the Durga Utsab 2023 at the New Town Mela Ground - a commonly used venue for several fairs and festivities. The administration's refusal had prompted the organizers to seek the intervention of the High Court. They were met with a response that not only validated their right to celebrate but also shed light on the multifaceted nature of the festival.

The court highlighted, "No intelligible or reasonable differentia has been made out by the authorities between a Durga Puja Festival and ordinary fairs or other festivals designated to be held on the Mela Ground." Such a statement underlines the court's acknowledgment of the secular nature of the festival, making it akin to the general fairs.

In its detailed observation, Justice Bhattacharyya pointed out that the essence of Durga Puja extends far beyond religious rituals. The judgment elaborated, “As is public knowledge, the Durga Puja Festival is not confined merely to the worship or religious offerings component of the incarnation of feminine power but also a melting pot of different cultures. Hence, there is as much an element of the ceremony, cultural programmes, festivals, and fanfare involved as religious worship.” This critical perspective portrays the festival as a vibrant blend of cultural appreciation, community gathering, and spirited celebrations.

It's notable that the court also rejected the administration's claim, suggesting that the petitioners lacked the constitutional right to perform their religious activities in public venues, including parks, streets, and footpaths.

For many, Durga Puja is not just a festival. It's a testament to the power of unity, diversity, and tradition, transcending the barriers of religious demarcations. By recognizing its secular nature, the Calcutta High Court has not only upheld the rights of the organizers but has also reaffirmed the festival's position as a symbol of cultural integration and celebration.

Continuing from the pivotal declaration made by the Calcutta High Court on the essence of Durga Puja, the court added depth to its perspective by highlighting, “In such a sense, the Durga Puja Festival is much more secular in nature than a pure religious performance of a particular community and cannot, thus, be narrowed down to being a mere ‘religious offering’ of a particular community.”

This statement underscores a prevalent sentiment: Durga Puja isn't exclusive to a particular religious group but rather an inclusive celebration. It rises above the narrow confines of religious rituals to stand as an emblem of unity, culture, and togetherness.

The petitioners, who were keen on organizing Durga Utsab 2023 at the New Town Mela Ground—a popular venue known for hosting myriad fairs—faced opposition from the authorities. Their plea was met with refusals, which they believed were grounded in weak justifications. In their defense, the petitioners invoked Article 14 of the Indian Constitution. This Article guarantees to every citizen the right to equality. They argued that, based on this constitutional right, they had an equal claim to host the Durga Puja festival on the public ground as any other event.

An essential aspect that emerged during the hearing was the nature of the venue in question. The Bench pointed out a crucial distinction: the New Town Mela Ground is not a street, not a footpath, nor a playground. It's a space specifically designated for large-scale events and fairs. This perspective was pivotal in understanding the petitioner's stance.

Adding weight to this viewpoint, the court emphasized, “No intelligible or reasonable differentia has been made out by the authorities between a Durga Puja Festival and ordinary fairs or other festivals designated to be held on the Mela Ground. Both entail huge footfall and gathering of crowds including parking of vehicles of the people who come to visit.”

In essence, the court recognized the parity between the Durga Puja Festival and any other large event or fair, both in terms of magnitude and the potential challenges of crowd management. This observation is crucial, as it removes any bias that might be present due to the religious overtones of the festival, seeing it instead as a large-scale secular event, worthy of the same considerations as other gatherings.

In a continuation of the landmark judgment that reverberates the secular nature of Durga Puja, the Calcutta High Court further tackled a misconception surrounding the festival's venue. The court directly addressed and dismissed concerns that the Kolkata Police would be overwhelmed if the festival was permitted at the New Town Mela Ground. Calling such concerns “absolutely baseless,” the court drew attention to the common sight across the state: multiple grand-scale Durga Pujas, organized by different groups, occurring near each other without causing any substantial disturbance or undue pressure on law enforcement.

In what appears as a defense of citizens' rights, the court emphasized that one's place of residence or employment should not act as a barrier when seeking to organize celebrations on public properties designated for such events. This standpoint underscores the essence of public spaces – they exist for the use and enjoyment of all citizens, irrespective of where they reside or work.

Further, grounding its judgment in the Constitution, the court referred to Article 19, which affirms that every citizen has the right to "assemble peacefully and without arms and to move freely throughout the territory of India." This critical constitutional guarantee, the court argued, would be rendered ineffective if authorities were to decline permissions based on the applicants' place of residence. The judgment echoed that such denial would need a "specific intelligible reason" or be based on a clear policy decision rooted in rational criteria.

The court's holistic approach was evident as it noted the petitioners' willingness to adhere to legal protocols, including covering all necessary fees associated with the festival. Their commitment to ensuring a smooth and compliant event was evident, reinforcing their dedication to upholding both the spirit and the responsibilities of the celebration.

The legal battle saw an array of skilled attorneys representing both sides. Representing the petitioners were Tarunjyoti Tewari, Sandip Ray, Hiranmoy Debnath, Polly Banerjee, and Paramita Dey. On the other side, arguing for the state were solicitors Ratul Biswas and Chandan Kumar Mond.

The Calcutta High Court's judgment is not merely about granting permission for a festival. It's a reaffirmation of constitutional rights and a recognition of the secular nature of our celebrations. At its core, this decision showcases the intersection of tradition, rights, and the equal treatment of citizens, emphasizing the fact that in the diverse tapestry of India, every festival, and every gathering, is a manifestation of the country's unity in diversity. It serves as a poignant reminder that the essence of India lies in its ability to celebrate differences, ensuring that every voice, every tradition, has its rightful place under the sun.