In a recent verdict that emphasizes the broader cultural significance of Durga Puja, the Calcutta High Court has granted permission for the "Durga Utsab 2023" celebrations to be hosted on the New Town Mela Ground. The decision, delivered by Justice Sabyasachi Bhattacharya, underscores the inclusive nature of the festival beyond its religious aspects.
The case stemmed from a plea by the 'Manab Jati Kalyan Foundation' against the New Town Kolkata Development Authority's refusal to allow the petitioner to hold their Durga Puja celebrations at the New Town Mela Ground, a public space in Kolkata.
The court's ruling defies the argument that religious activities should be restricted to specific areas and asserts that Durga Puja, a significant cultural event in West Bengal, goes beyond mere religious offerings. Justice Bhattacharya remarked that the festival serves as a convergence of various cultures and is not confined solely to religious practices. The judge noted the festival's unique blend of ceremonial, cultural, and festive elements that attract people from diverse backgrounds, making it inherently secular in nature.
By acknowledging the multi-dimensional aspect of Durga Puja, the court rejected the contention that religious practices should be limited to certain spaces, effectively recognizing the festival as a manifestation of cultural unity.
The court's verdict upheld the petitioners' rights under Article 14 and 19 of the Constitution. Article 14 guarantees equality before the law, and Article 19 protects the right to assemble and move freely within the country. The court argued that the authorities failed to provide valid reasons for distinguishing Durga Puja celebrations from other public events held on the New Town Mela Ground. Moreover, the court noted that neighboring areas had previously been permitted to host similar celebrations, making the refusal appear arbitrary.
The judgment emphasized that public authorities should not discriminate against people based on their residence or place of worship.
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