Thiruparankundram Deepam row: Hindu devotees slam Tamil Nadu govt for ‘undisguised scorn and contempt’ for Hindu faith, forcing surrender of religious rights

A group of Hindu devotees on Wednesday (17th December) told the Madras High Court that the Commissioner of Tamil Nadu’s Hindu Religious and Charitable Endowments Department (HR&CE Department) has “undisguised scorn and contempt” towards the Hindu faith.

The remarks were made by the devotees during the hearing of an appeal filed by the Tamil Nadu government and the Madurai authorities against a single judge’s order directing the lighting of the Karthigai lamp atop the Thiruparakundram Hill, which houses both the Arulmigu Subramania Swamy temple and the Sikkandar Badhusha Dargah.

The appeal challenged an order passed by Justice GR Swaminathan in a contempt plea on 4th December, wherein he quashed the prohibitory orders issued by the Madurai district administration to prevent Hindu devotees from lighting the Karthigai lamp atop the Thiruparakundram Hill.

The appeal came up before a Division Bench of Justices G Jayachandran and KK Ramakrishnan for hearing. Another set of appeals was filed before the court challenging the December 9 order of Justice Swaminathan in a contempt plea, wherein he directed the appearance of the Chief Secretary, ADGP, DCP, and impleading the Union Home Secretary. Justice GR Swaminathan had allowed the lighting of the Karthigai Deepam atop the Deepathoon, saying that the Deepathoon was not located in the area that belonged to the Muslims, and thus lighting the lamp would not affect the rights of the community.

The state cannot object to the lighting of a second lamp atop the hill: Hindu devotees

Appearing for a Hindu devotee, Senior Advocate S Sriram pointed out before the High Court that the HR&CE Commissioner earlier commented that even if Lord Murugan has two wives, two lamps cannot be lit at Thiruparankundram. “My trust in my Gods, my faith, is a subject matter of scorn by the Commissioner! It is sheer contempt for my faith. Please don’t send me to a Commissioner who has undisguised scorn and contempt for my faith!” Sriram said.

Senior Advocate KPS Palanival, representing another Hindu devotee, also submitted that the authorities have no right to object to the lighting of a second lamp on the hill. “Lighting of the lamp is an essential religious practice, which has to be lit on top of the hill. We can’t say, you are already lighting one, why a second? Deepam has its own relevance to religion,” Palanival said.

“It’s lit for very many reasons. It’s a manifestation of God. Secondly, everyone in the village can see. Third, at that time, there was no electricity, so lighting had its own significance. A mountain can have multiple peaks. There are mountains with dual peaks. In this case, there are 2 peaks, even as per the photographs. An appropriate place for lighting would have been the peak that’s occupied by the dargah. For some reason, the temple lost its highest peak. Therefore, the next lower peak is selected,” Palanival said, explaining the significance of the Karthigai deepam.

State wants Hindus to coexist by surrendering their rights: Hindu devotees

Senior Advocate Sriram urged the court not to accept the state’s argument that the devotees should approach the HR&CE authority to settle the dispute, instead of litigating the matter. “I do not think my rights are safe in the rights of the authorities … What further scorn and contempt I will have to face there?” he said.

Ruling out the possibility of the case being settled through mediation, Sriram contended that every time a peace meeting has been held, the temple ended up having to retreat or relinquish its rights. “It is like saying ‘we will wound, let you in pain (and then offer mediation)’ – it is a case of toxic mental cruelty, as is referred to in the matrimonial scene. Every other resolution meeting ended with Hindus retreating, giving up little more of their rights,” the counsel stated.

He accused the state authorities of being biased against Hindus and said that the state wanted coexistence at the cost of Hindus surrendering their rights. “The submission of the State is ‘keep retreating, don’t assert your right, live for another day.’ This is the stand of the State, which is the guardian, who needs to be secular and fiercely neutral to protect my rights under Article 25 … The State wants us to coexist, but I can coexist only if I surrender,” Sriram argued.

Senior Advocate Sriram further submitted that there have been attempts to encroach upon the temple’s rights. “It’s not mere apprehensions of encroachment; this is the stance of the other side, calling it Sikkandar Hill, asking for animal sacrifice, defacing the walls. Religion should not have colour, but the hills have been painted green during a festival by the other side,” Sriram pointed out.

State trying to change the nature of the Hill: Hindu devotees

Sriram defended the order passed by Justice Swaminathan, who is facing an impeachment motion initiated by the entire INDI bloc led by the DMK for upholding the legitimate rights of Hindu devotees. Refuting the allegations of the order passed by Justice Swaminathan being based on “whims and fancies,” Sriram said that it was a reasoned order. “It is a reasoned order .. If there is whim and fancy, it is at the foot of appellants, actuated by the compulsions of being blinded to one side and being welcoming to the other. That has percolated to the temple and the trust board, who refuse to speak, and the executive officer who toes the line of the State,” Sriram said.

Countering the claim that the Places of Worship Act prevents Hindus from changing the nature of the stone pillar by calling it a deepathoon, Sriram said, “If anyone is changing the religious nature of the hill, it is the State. It was always a deepathoon meant for (Hindu devotees).”

The state could not prove that the stone pillar is not deepathoon: Hindu devotees

Appearing for another Hindu devotee, Senior Advocate Valliapan contended before the High Court that lighting the Karthigai lamp atop the Thiruparakundram hill is an essential Hindu religious practice. “It is an essential religious practice amongst Hindus to light the deepam on the day of Karthigai on top of the hill for many reasons. We see the manifestation, the jyothi swaroopam of God. Everybody can see …. Lighting agni (fire) atop the hill has got religious significance. We consider it as God itself, that is why it is lit on top of the hill,” Valliapan said.

He pointed out that the State could not produce any record to prove that the pillar is not a deepathoon. “Yesterday, there was an argument (by the Muslim side) that the ‘entire hilltop belongs to us.’ No, the entire hill belongs to the Devasthanam barring some portions,” he stated.

Advocate Krishnavalli raised questions on the State’s intent behind its insistence on the matter being settled outside the court, while the Muslim side did not object to the litigation.”Every time a Hindu or member of the public comes to (court) to see worship is done in a manner, it is done at the appropriate stage and place, what is the problem of devasthanam and HRCE to say we should go to HRCE?” the advocate asked.