It is quite significant to note that in a huge development, the Kalaburagi Bench of the Karnataka High Court at Bengaluru in a most pragmatic, persuasive, pertinent, promising, progressive and path-breaking judgment titled Madiga Dandora vs State of Karnataka & Ors in Writ Petition No. 201685 of 2025 and cited in Neutral Citation No. NC: 2025:KHC-K:3397 that was pronounced just recently on 26.6.2025 has minced absolutely just no words whatsoever to hold in no uncertain terms most unequivocally that, “The State should promote festivities, which spreads the message of peace and communal harmony between several communities, but, however, when it is not possible, the decision is best left to the State authorities and in the present circumstances, the State authorities are required to decide whether the festivities are required to be gone ahead with or not.” Absolutely right! There can be just no denying or disputing it!
At the very outset, this most realistic, robust, rational, remarkable, refreshing and recent judgment authored by the Single Judge Bench comprising of Hon’ble Mr Justice MI Arun of the Kalaburagi Bench of the Karnataka High Court at Bengaluru sets the ball in motion by first and foremost putting forth in para 1 that, “Yadgiri District, which is a part of Hyderabad-Karnataka area celebrates the communal harmony, which is generally found in Hyderabad-Karnataka area. This includes participation of both Hindus and Muslims in the festivals of each other community. The institutions like Sharanabasaveshwar Temple, Khaja Bandanawaz Dargah, are examples of the communal harmony, which can be followed by the entire country. In tune with the communal harmony, Muharram festival of the Muslim community is also celebrated by Hindus, wherein certain Hindu Deities are also worshipped by both Muslims and Hindus during the festival.”
As we see, the Bench then deems it fit to disclose in para 2 of this learned judgment mentioning that, “It is submitted by learned counsel for the petitioner that Tumkur village in Vadagera Taluk of Yadgiri district is one such place where the Hindu Deity called Kashimalli is worshipped by both Hindus and Muslims during Muharram festival and the festival is also celebrated by a folk dance called ‘Alai Bhosai Kunitha’ in front of the village temple.”
To put things in perspective, the Bench then while elaborating further lays bare succinctly in para 3 of this landmark judgment stating that, “It is submitted that Muslims as well as caste Hindus and other Hindus including Dalits in this case Madiga Community, participate in the said celebrations. The celebration also involved beating of halige (a type of percussion instrument) by the Madiga Community. It was felt that they were being made to beat the same because they were untouchables and for that reason, they stopped beating the same, but took part in the festivities. This gave rise to a communal disharmony between the upper caste Hindus and Madiga community, which resulted in communal clashes. Hence, the petitioner, which is an organization of Madiga Community gave representations to the authorities concerned to ban public festivities including ‘Alai Bhosai Kunitha’ during Muharrum festival in Tumkur village, Vadagera taluk, Yadgiri district. As the same has not been considered so far by the authorities concerned, the present writ petition is filed with the following prayers:
A. Issue a writ of mandamus, to consider the representation made by the petitioner to respondent Nos.2 to 4 dated 03.06.2025 i.e. Annexure-K to N”.
B. Grant such other relief or reliefs as this Hon’ble Court deems fit to grant in the interest of justice and equity.”
Do note, the Bench then notes in para 4 of this most commendable judgment that, “Learned Additional Government Advocate has filed an affidavit of Assistant Commissioner, Yadgiri and has submitted that, it is not advisable to go ahead with Muharram festivities in Tumkur village, Vadagera taluka, Yadgiri district in the light of the prevailing circumstances.”
Most significantly, most remarkably, most forthrightly and so also most sagaciously, the Bench encapsulates in para 5 what constitutes the cornerstone and nucleus of this creditworthy judgment that, “The salvation of the country lies in identifying human being as a human being and as an Indian with the other identities playing a secondary role. It is unfortunate that a Muslim festival, which is being celebrated harmoniously by both Hindus and Muslims has resulted in communal clashes between upper caste Hindus and the Dalits. The issue involved is, whether under the prevailing circumstances is it possible to maintain law and order without there being violence or communal clashes during the festivities. The State should promote festivities, which spreads the message of peace and communal harmony between several communities, but, however, when it is not possible, the decision is best left to the State authorities and in the present circumstances, the State authorities are required to decide whether the festivities are required to be gone ahead with or not.”
It would be instructive to note that while adding more to it, the Bench then hastens to add in para 6 of this latest judgment clearly, cogently and convincingly stating that, “Further, a community has a right to celebrate a festival without provoking the other communities. However, a particular community cannot force another community to do an act, which they despise, only on the ground that it has been done traditionally by them.”
Finally, the Bench then draws the curtains on this notable judgment by concluding in para 7 directing and holding most precisely that, “For the aforementioned reasons, the writ petition is disposed of with a direction to the respondents to consider the representation of the petitioner as well as hear all the stakeholders in the festivities and thereafter take appropriate decision in accordance with law. It is needless to state that, if the festivities are went ahead with, no one can compel the Madiga community to beat the halige (a type of percussion instrument) and it is the duty of the State to give adequate protection for the participants.”
All said and done, we thus see that the Single Judge Bench comprising of Hon’ble Mr Justice MI Arun of the Kalaburagi Bench of the Karnataka High Court at Bengaluru in this noteworthy judgment has made it indubitably clear which merits just no reiteration of any kind that State should promote festivities which spreads peace and communal harmony. Let us never forget the permanent validity of the time tested dictum that, “United We Stand And Divided We Fall.” We must also always never forget our past that our nation was partitioned only because we were just not united and Britishers ostensibly left no stone unturned to fish in the troubled waters and so also should always remember what Dean Swift once lamented saying that, “We have just enough religion to make us hate one another but not enough to make us love one another.” There can be just no gainsaying that the earlier we all Indians pay heed in totality to what the Karnataka High Court has held so very sagaciously in this leading case, the better it shall definitely be not only for ourselves but so also collectively for our nation as a whole of whom we all are part of! There can be definitely just no denying or disputing it!
Sanjeev Sirohi
