Madras High Court Directs Police To Prohibit Obscene and vulgar dance performance

Madras High Court Directs Police To Prohibit Obscene and vulgar dance performance

The Madras High Court directed the Police to prohibit obscene and vulgar dance performance.

Background 

The writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to obtain a declaration from the organisers of all Dasara Groups and Sound Hire Service Providers not to sing and play any non Devotional Songs and Kuthu Pattu during Dasara festival in connection to the festival of Arultharum Mutharamman Thirukovil, Kulasekarapattinam, Thoothukudi District.

The petition was filed in order to stop vulgar and obscene dance performances in the name of Dasara Groups and to protect the Traditional Culture, Traditional Viradham System and Religious sentiments of lakhs of Devotees of Arultharum Mutharamman and consequently, direct the respondents to take very strict action under the provisions of the Indian Penal Code against the organisers of Dasara Groups, Sound Hire Service Providers, Members of Dasara Groups and paid dance performers those who violate.

Arguments 

Advocate S.Sankar, appearing for the petitioner, submitted that Arultharum Mutharamman Thirukovil located at Kulasekarapattinam which is a Coastal village in the Tiruchendur Taluk in Thoothukudi District, comes under the control of the Tamil Nadu Hindu Religious Endowment Department. 

He submitted that the Devotees belong to the same village or same street form a group wearing different costumes and roam in and around Tirunelveli, Thoothukudi and Kanyakumari District and collect offerings from the public. Initially, these groups performed folk music and dance. Later, some of these groups started to hire sub actors and actress from Cine Industry for payment to perform dances in street, which mobilized more crowds. 

He argued that the fame of Dasara festival is shadowed by the performance of the obscene and vulgar dances.

Additional Public Prosecutor, appearing for the respondents, submitted that pursuant to the order passed by the Court, regarding the conduct of cultural programmes, the Director General of Police, Chennai, has issued a circular memorandum, to all the Commissioners of Police in Cities and all the Superintendent of Police in Districts, instructing them to ensure that the directions issued by the Court in the said writ petition are implemented without any deviation.

Decision 

The division bench of Justice R. Mahadevan and Justice Sathya Narayana Prasad viewed that the petitioner has produced materials to substantiate his plea of exhibition of obscene and vulgar dance during the earlier Dasara festival for the years 2017 and 2018.

The court said that the apprehension of the petitioner to protect the traditional culture and customs of Dasara festival from the vulgar and obscene dance performance, is well founded. 

The court disposed of the the Writ Petition, directing the respondents to ensure that Circular Memorandum and the directives of the Division Bench are followed in letter and spirit in the forthcoming Dasara festival of Arultharum Mutharamman Thirukovil at Kulasekarapattinam, Thoothukudi District.

The court directed that the obscene and vulgar dance performance should be specifically prohibited by the Police authorities in the forthcoming festival and if any one violates the same, appropriate action shall be taken against them in line with the Circular Memorandum. 

Case title: B. Ramkumar Adityan v/s  District Collector and Ors.

Citation: W.P(MD)No.21756 of 2022

Click here to read the Order/Judgment

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