Tamil Nadu

Govt order on rules for Ganesh Chathurthi not violative of rights, says Madras HC

The Madras High Court dismissed the plea to quash the government order giving guidelines on installation and immersion of idols.

Written by : TNM Staff

The Madras High Court has held that a government order that lays down rules for the installation and immersion of Ganesha idols on Ganesh Chathurthi is not violative of constitutional rights.

According to a report in the Times of India, a bench of Justices S Manikumar and P Subramanion Prasad said, "The condition conforms to the object to maintain public safety, control pollution and fire accidents. At any stretch of imagination, it cannot be termed violative of constitutional rights."

According to the newspaper, on the immersion of idols, the Bench held that that the condition of immersing idols within five days of installing them cannot be breached.

According to the Deccan Chronicle, the petition moved by Sudalaiyandi stated that the state government had issued untenable regulations to celebrate Vinayaka Chaturthi in Tamil Nadu that ignored the fundamental rights guaranteed under Article 25 and 26 of the Constitution.

He says in his petition, "The guidelines issued in a GO dated August 9, 2018 infringes religious feelings because of the period of celebration has been fixed according to ‘Panchanga Thithi’ and to some almonic signs."

The Madras High Court then dismissed the plea to quash the government order.

On Tuesday, the government expressed its desire to have a single-window system to process applications for the installation and procession of Ganesha idols.

According to one report in the TOI, Tamil Nadu Advocate General Vijay Narayan reportedly told the Court, "In cities, the respective jurisdictional assistant commissioner of police will receive the applications and in rural areas, it will be the jurisdictional deputy superintendent of police."

The Tamil Nadu government has laid down several rules for the installation of Ganesha idols. In August last year, the government banned the use of Plaster of Paris, stating that idols should only be made of pure clay. According to the Tamil Nadu Pollution Control Board, the idols are to be painted using non- toxic, water-soluble paints.

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