Calcutta High Court
Acharya Jagadishwaranada Avadhuta And ... vs Commissioner Of Police, Calcutta And ... on 7 May, 1990
Equivalent citations: AIR1990CAL336, (1990)2CALLT212(HC), AIR 1990 CALCUTTA 336, (1990) 2 CALLT 212
ORDER
1. This writ application was moved by the petitioner who is the General Secretary, Public Relations Department of the Ananda Margy Pracharak Sangha and the Ananda Margo Pracharak Sangha, a religious organisation propounded by Sri Ananda Murtiji, praying for a writ and/or a writ in the nature of mandamus commanding the respondents to act and proceed in accordance with law and to cancel, rescind and/or withdraw the impugned order dated 20th May 1987 and 27th May 1987 which are Annexure 'B' to the petition and also commanding the respondents to allow Tandava Dance in public procession of Ananda Margas on the occasion of its principal religious functions and festivals such as (i) Ananda Purnima, (ii) Shravani Purnima, (Hi) Vijaya Dashami, (iv) Dipavali, (v) New Years Day, (vi) Phalguni purnima (Vasantotsava) and (vii) Dharma Maha Chakras and Dharma Maha Sammelanas.
2. By the letter dated 20th May 1987 the Commissioner of Police informed the petitioner No. 1 that the permission for public procession with Tandava Dance and public meeting on 31st May 1987 could not be acceeded to in terms of the order of the Hon'ble Supreme Court on the subject passed on 20th October 1983, By the letter dated 27th May 1987 the Superintendent of Police, South 24 Parganas informed the petitioner No. 1 that the permission to take out a procession with Tandava Dance on 31st May 1987 within Kasba and Tiljala Police Station could not be accorded in terms of the order of the Hon'ble Supreme Court of India passed on 20th October 1983 on the subject. It may be mentioned that the petitioner moved a writ application before the Hon'ble Supreme Court of India in its original jurisdiction being writ petn. Nos. 6890 and 7204 of 1982 and 3491 of 1983 and the Supreme Court of India by an order and judgment dated 20th October 1983 inter alia passed the following order:
"It is appropriate to take note of the fact that the impugned order S. 144 of the Code did not ban processions or gatherings at public places even by Ananda Margis. The prohibition was with reference to the carrying of daggers, trishuls and skulls. Even performance of tandava dance in public places, which we have held is not an essential part of religious rites to be observed by Ananda Margis, without these, has not been prohibited.
The writ petitions have to fail on our finding that performance of Tendava Dance in procession in the public streets or in gatherings in public places is not an essential religious rite of the followers of the Ananda Marga. In the "circumstances there will be no order as to costs."
Thereafter, the petitioner filed a review application before the Hon'ble Supreme Court of India for review of the order and judgment dated 20th October 1983 in so far as the findings of the Supreme Court regarding Tandava dance whereupon the Supreme Court on 1 -12-83 passed the following order:
"We are of the view that these cases should appropriately be examined by the High Court keeping in view what has been said by this Court in the Judgement reported in Acharya Jagdishwarananda Avadhuta v. Commr. of Police, Calcutta . Petitioners are at liberty to go before the High Court. The writ petitions are disposed."
3. Pursuant to the liberty granted to the Ananda Margis this writ application has been filed.
4. Before this Court the petitioners have annexed to the petition various books written by Sri Sri Ananda Murti such as Ananda Margo Caryacarya, Part I, Part II, Part III Ananda Sutram, Namah Shivaya Shantaya passages from Ananda Vachanamritan Part X as also various pictures regarding performance of Tandava Dance by Ananda Margis as also pictures of Muslim Festival in Calcutta on the occasion of Maharrum procession, Sikh Festival, Bharat Sevashram Samgh Festival wherein shords and arms were exhibited, pictures of Skull dance in Bolana and Gajana Festivals in Bengal as also a picture of Naked Monks at Kumbha Mela were exhibited.
5. In the petition under Article 32 filed by the petitioner before the Supreme Court referred to above, the Supreme Court considered the claim of the petitioner that Tandava Dance is a religious practice essential to the tenets of the religious faith of Ananda Margis and the Supreme Court held that "It was doubtful whether Tandava Dance can be taken as an essential religious right of Ananda Margis and that even conceding that it is so, it is difficult to accept the arguments that taking out religious procession with Tandava Dance is essential rights of Ananda Margis". Supreme Court also observed that "Even conceding that Tandava Dance has been prescribed as a religious right for every follower of the Ananda Marga it does not follow as a necessary corollary that Tandava Dance to be performed in public is a matter of religious rite. In fact, there is no justification in any of the writings of Shri Ananda Murti that Tandava Dance must be performed in public. At least none could be shown to us by Mr. Tarkunde that performance of Tandava Dance in a procession or at public places is an essential religious rite to be performed by every Ananda Margi."
6. In the aforesaid judgment the Supreme Court however held that the Ananda Margi is a religious denomination relying upon the text laid down by the Supreme Court in the case of Commr., Hindu Religious Endowments Madras v. Sri Lakshmindra Thirtha Swasmiar . The Durgah Committee, Ajmer v. Syed Hussain Ali , S. P. Mittal v. Union of India that Ananda Marga satisfied three conditions namely "(i) It must be a collection of individuals who have a system of beliefs or doctrine which they regard as conducive to their spiritual well-being, that is a common faith; (ii) common organisation and (iii) designation by a distinctive name."
7. In this writ application this court has been called upon to decide whether the performance of Tandava Dance in public is an integral part of religious practice of Ananda Margis as it is claimed that performance of Tandava Dance has been a religious right of Hindus and in particular to the religious denomination Ananda Margis, and in this regard reliance was placed to the book entitled -- The Dance in India by Enaksshi Bhavnani and relied upon other books and authorities.
8. At the very outset it may be stated that the religious organisation propounded by three Ananda Murtiji was of recent origin and the Supreme Court held that Ananda Marga was a religious denomination and/or organisation and was founded on essence of Hindu Philosophy and in this connection Supreme Court observed in the said judgment that "We have also taken into consideration the writings of Shri Ananda Murti in books like Carya-Carya, Namah Shivaya Shantaya, A Guide to Human Conduct and Ananda Vachanamritam. These writings by Shri Ananda Murti are essentially founded upon the essence of Hindu Philosophy" and that it is also an admitted position that Ananda Margis belong to Shaivite order. So this court has to proceed on the footing that Ananda Margis is a religious denomination within the fold of Hindu religion.
9. In order to show that Tandava dance as part of religion, they must be regarded by the said religious order or organisation as essential and integral part, and unless such practices are found as such essential and integral part of the religion, the claim for protection under Articles 25 and 26 of the Constitution of India could not be sustained, Protection is confined to such religious practice as essential and integral part of it and nothing else.
10. It appears that Tandava exists in ' sculpture and before this court xerox copies of several books of Tandava in sculpture have been produced. From this it appears that Dance of Nataraja was in different forms and was found in sculpture. It says that Shiva was a Supreme Master of Dance. It could not be disputed that Tandava Dance by Lord Shiva was performed. Tandava is founded in literature, in dance, in sculpture etc. and in various parts of India the image of Nataraja in the form of Tandava Dance is found and worshiped by the Hindus. The cardinal features of the Hindu religion are founded on the meditative and speculative philosophy and on the ethical teachings contained in the various books starting from the Vedas, which assert that the universe is infinite in space and eternal in duration. Swami Vivekananda said "experience is the only source of knowledge. In the world religion is the only science where there is no surety, because it is not taught as a science of experience. This should not be. There is, always, however, a small group of men who teach religion from experience. They are called mystics and these mystics in every religion speak the same tongue and teach the same truth. This is the real science. As mathematics in every part of the world does not differ, so the mystics do not differ. They are all similarly constituted and similarly situated.' Their experience is the same and this becomes law." Shiva is regarded as all destroyer and the Master of Yoga. The Hinduism is founded on Vedas and Upanishads etc. It is the Jnana-kanda or the Vedanta only that has for all time commanded recognition for leading men across Maya and bestowing salvation on them through the practice of Yoga, Bhakti, Jnana, or selfless work and as its validity and authority remain unaffected by any limitations of time, place or persons, it is the only exponent of the universal and eternal religion for all mankind. The Samhitas of Manu and other sages, following the lines laid down in the Karma-kanda, have mainly ordained rules of conduct conducive to social welfare, according to the exigencies of time, place and persons etc. have taken up the truths embedded in the Vedanta and have explained them in detail in the course of describing the exalted life and deeds of Avataras and others. They have each emphasised, besides some out of the infinite aspects of the Divine Lord to teach about them. But when by the process of time, fallen from the true ideals and rules of conduct and devoid of the spirit of renunciation, addicted only to blind usages and degraded in intellect, the descendants of the Aryans failed to appreciate even the spirit of these Puranas etc. which taught men of ordinary intelligence the abstruse truths of the Vedanta in concrete form and deffuse language and appeared antagonistic to one another on the surface, because of each inculcating with special emphasis only particular aspects of the spiritual ideal.
11. Dipankar Ghosh learned counsel appearing on behalf of the petitioner submitted, in support of the case that Tandava Dance in public place is an essential part of religious practice of Anandamargis, the following:
12. Shri Shri Ananda Murtiji the spiritual leader of the Ananda Margis has directed that the Tandava Dance should be performed in processions on certain solemn occasions. Previously this direction was oral; Later it was recorded as written instruction or mandate in Carya Carya, Part I, 4th Edition, It is annexed to the writ application as Annexure'C'. Certain social functions and festivals such as Ananda Purnima etc. are specified for this purpose. These are stated to the "occasions of the ceremonial functions of the Marga" and it was stated that processions with Tandava Dance is an integral parts of such functions. It was further stated that in Part-II of Carya Carya under the heading 'Conduct Rules for Sadhakas' Rule No. 2 reads 'Following direction in connection with physical, mental, spiritual and social aspects of life given in Carya Carya, Parts-I, II &.III. It was stated that Nama Shivaya Shantaya written by Shri Shri Ananda Murtiji is another scripture of Ananda Margis. It is a treatise on Lord Shiva (Nataraja). In that book while discussing the Tandava Dance, it is stated that it also develops the mind and leads to spiritual elevation. It was stated that "Tandava Dance being essentially a religious dance to be performed by every disciple as per the direction of the Guru, the scripture says ..... the Guru's words are my original mantra"..... "For a disciple the mandate of a Guru is the law of life ..... "
13. It is stated that the performance of Tandava Dance has been a religious rite of Hindus since ancient times. In a book entitled -- The Dance in India by Enaksshi Bhavani, it is stated at page 2 -- "turning to our ancient sacred books, the Vedas, we find the Hindu dance, referred to repeatedly in the Rig Veda and often in two of the other Vedas -- the Yajur Veda arid the Atharva Veda. It nearly always figured in ritual and sacred ceremonys". The author-describes the origin of dance. It is stated that Indra appealed to Brahma to create a pastime worthy of the Gods. Brahma took various things from each of the Vedas and compounded therefrom the art of natya. He named his creation the Natya Veda making it the fifth Veda. Vishvakarma then created a theatre in the hall of Indra's Court. Bharat Muni, to whom Brahma has revealed Natya -- found that certain attributes of the dance sequences could only be expounded by women, so he approached Brahma for help. So Brahma then created celestial nymphs or Apsaras to perform these delicate aspects of the dance. Thus came into existence the two types of dance, namely the tender, softly graceful Lasya type for women, and the mainly, forceful Tandava type for men. When Shiva the Lord of Dance saw the special performance enacted before him, he had Bharat Muni further instructed in the art of the dance by his disciples Tandu. The basic dance technique has been described by Bharat Muni in the Tandava Lakshana which forms the Fourth Chapter of his great treatise on Dramaturgy, the Natya Siatra. In the course of time, Bharat Muni passed this revealed art on to the mortals on earth. According to Hindu mythology the Supreme Lord of the Dance is Shiva, third of the Hindu Trinity. He represents that aspect of God who creates good (true knowledge) and destroys evil (ignorance). He is the source of Cosmic harmony and rhythm. These are three aspects of his dances, all of which represent symbolically the manifestation of primeval rhythmic energy and release from the illusion of ego. As the Destroyer, he destroys the chains that hold each soul to the fleeting world of illusion. Freed of the Ego and unihindered, the soul gains enternal liberation. The Tandava Dance has been the subject of several ancient Sanskrit treatises, including one by Jaya Sepan, entitled --Nritya Ratnabali. It is to be found reflected in Indian Sculpture going back to the 6th century A.D. and even earlier. In the authorative book by C. Shiva Ramaurti, entitled "Nataraja -- In Art, Thought and Literature" at page 11 under the heading --"Occasions for Dance" the author says -
"It is specially associated with worship and particularly with the worship of Shiva, as Nataraja, the Lord of Dance ..... The significance of the dance is clear by its occurrence in almost in all major scences of festivity....."
At page 12 the author says -
"Jaya enumerates the occasion for dance ..... on all auspicious occasions, and more than all, in the ritual of the worship of the Lord when dance is considered most appropriate ..... The noblest purpose of dance has however clearly been given as the adoration of the Lord as it is considered higher than all other offerings ..... the offering of dance ..... assures the merit of sacrifice performed it not only fulfils all desires but assures liberation for the devotees ..... Shiva who eternally dances is pleased when adored by dance".
14. In the affidavit-in-opposition filed on behalf of the respondents affirmed by the then Commissioner of Police, this aspect of the matter which was highlighted by the writ petitioner in the writ petition and argued extensively by Dipankar Ghosh Ld. Counsel for the petitioner was not at all dealt with. The only stand taken by the respondents in the affidavit-in-opposition was that firstly the Ananda Margis could not be permitted to carry trident, daggers and/or knife in public in procession as the same would disturb public peace and tranquillity. It was further stated that carrying of human skulls and, indulging in dance with weapons like tridents, daggers and/or knife on public roads of Calcutta and its suburbs or anywhere are not only repulsive to public taste and morality, but is bound to cause fear in mind of people and will cause public annoyance as well if allowed to perform the alleged Tandava Dance' in public places by the petitioners and thereby affect public order, morality, peace and tranquillity. The further stand that was taken was that the Supreme Court already held that the Ananda Marg to which the petitioner belong, is a religious denomination within the Hindu religion and rejected Tandava Dance as a part of religious practice. Further it was stated that the authorities bona fide considered that issue of the impugned orders were likely to prevent obstruction, annoyance and injury to public and danger to human life, health and safety as also disturbance or public tranquillity or riot or affray. It was further stated that such orders not-only issued in the case of the petitioners, but are issued in respect of all who may be carrying any firearm, explosive, swords, spears, daggers, knives, tridents, lathis or any article which may be used as weapon of offence or any article likely to cause annoyance to the public and which may cause breach of peace, public order and tranquillity.
15. It was further stated that the performance of Tandava Dance on public roads, if allowed, would cause public annoyance, obstruction and also cause fear specially in the minds of children and such performance including carrying of human skulls and indulging in provocative dances, is repulsive to public peace, taste and morality. It was also stated that publication of Ananda Marg literatures containing directives of Ananda Murtiji to his disciples for publicly holding 'Tandava Dance' was much after the judgment of the Hon'ble Supreme Court and that the said directives are clearly afterthoughts and recent additions made with ulterior motive. It was further stated in the said affidavit-in-opposition that Ananda Marg is nothing but a fanatical religious organisation carrying on its activities in secrecy, while exhibiting dangerous weapons and offensive articles in public is calculated to seriously disturb public order, peace and tranquillity. It was also stated in the said affidavit-in-opposition by the Commissioner of Police, that "I state on the basis of information available to me and to the State Govt. that on several occasions in the past activities of the said organisation had caused grave disruption of law and order situation in the State and in the year 1981, lethal weapons were recovered from the then head quarters of the said organisation at Ranchi. An investigation by the C.B.I, had disclosed that several leading members of the petitioner's organisation were alleged to have physically liquidated by Ananda Murtiji, the Marg Pita between July 1970 and April 1971, and also at the time of state of emergency, the said organisation was banned by the Central Govt. for acting against the interest of the State. After withdrawal of the ban, the said organisation shifted its Head Quarters from Ranchi to Calcutta, first to Pandhiya Road then to Jodhpur Park and finally to Tiljala, South 24 Parganas. I further state that the said organisation is responsible for many other untoward incidents adversely affecting law and order situations."
16. Mr. Ghosh learned advocate appearing on behalf of the petitioner took serious exception to the allegations made against the Ananda Margis made in the affidavit-in-opposition. It was stated that those allegations have been made falsely and moti-vatedly. It was further submitted by Mr. Ghosh that there was no scope for making such unfounded allegations against the Ananda Margis in the context and the issue pending in the writ petition. The issue pending in the writ application is whether Tandava Dance with skull and knife is essential and integral part of the Ananda Margis or not and in this connection the respondents have stated something which were untrue, mala fide and that the allegations were all vague and deliberately caused to the prejudice to the mind of this court and also to the mind of the public in general. In my view, the allegations against the Ananda Margis regarding involvements of crimes and offence should not have been made in the affidavit-in-opposition, inasmuch as, it was wholly out of context and had no nexus with the issue pending before this court. Unfortunately the respondents did not meet with the case made by the petitioner except by making bare denial and the learned counsel appearing for the State did not make any attempt to meet with the case of the petitioner on its merits excepting contending that such a dance if allowed to be made in public that would break law and order and will cause fear in the minds of the children. When this court had been called upon to decide this question whether the Tandava Dance in the form and manner indicated by the petitioner is an essential and integral part of Hindu religion, is a question which requires (sic) carefully "studies and consideration.
17. Before entering into the issue it is necessary to find out what is Hindu religion. The idea relating to God and the forms of His worship in short is called religion. The Hindu Rishies who had the power to see and realise truths, have kept their massages in the books and tenets which are known as Sastras, who is God and what is His form, the relation between man and God, the method by which we could realise Him and other questions relating thereto are the subject matter of the teachings embodied in the Sastras. The numbers of the Sastras are many which are in short as follows:
1. The Vedas -- It is the root of all the Sastras of Hinduism. The another name of Vedas is the Sruity and means what were heard by the Vaidic Rishies directly. This is the oldest of all the religious books in the world. The Vedas are divided in four parts. Rig, Sham, Yajur and Atharva Vedas. Each Vedas had two parts -- Samhita and Brahman. The mantras or statras are embodied in Samhita part and their meanings and their methods of application are embodied in Brahman part. The mantras from Samhita parts are recited during Yogmas and in what Yogmas and in what manner these mantras are to be uttered, are indicated in the Brahman parts.
2. Upanishad -- Some specified portions of Vedas are known as Upanishad. As it contains the gist of Vedas it is also known as Vedanta. It spreads over all most all the Yogmas. It prescribed the method by which one can get happiness in this world and beyond that. There are eleven Upanishads, viz. Isha, Kena, Katha, Prashna, Mundak, Mandukya, Aitariya, Taitiriya, Chhandogya, Brihadaranyak and Shwetashwatara.
3. Smriti -- It prescribed the manner in which the Hindus will live, have been laid down. These were written by Lord Manu and Lord Yaganbalkya etc.
4. Darshan -- This was created depending on what was heard by the Rishies regarding things beyond life. This philosophy are in six different parts, together it is called Saradarshan. It was composed by Jaimini, Vyas, Kapil, Patanjali, Goutam and Kanad.
5. Puran -- It was written by the Rishies in simple language in the form of stories etc. with the object of teaching the religion to the people. There are 18 Puranas. The important parts are Vishnupuran, Padma-puran, Vayupuran, Agnipuran, Skanda-puran, Markendeyapuran and Srimat Bhagabat. Puranas are supposed to (be) eighteen in number and ali of them are attributed to the Sage Vyasa. Their age is uncertain. The pouranic Gods became popular in India after the rise of northern school of Buddhism and from the beggining of the fourth to the middle of the 6th Century A.D. The Gupta Emperor did towards the propagation of Pouranic faith. The Puranas are sectarian in the sense that some of the extol the merits of worshipping Vishnu, while many are in favour of Siva worship. The Upanishadas which embody the philosophical truth of the Vedas describe Brahman or the Supreme being as "that from which all things are born, by which when they live and unto which they enter at death. These creative, preservative and destructive functions as aspects of the divinity constitute the trinity of the Puranas and are symbolised respectively by Brahma, Vishnu and Siva. The Puranas say expressly that Brahma, Vishnu and Siva though three in form really constitute one entity and there is no difference amongst them except that of attributes. The reason is that each of the functions of creation, preservation and destruction implies the other and contains the others in a latent form. One thing one should bear in mind in connection with the image worship viz. that the different images do not represent separate divinities; they are really symbols of the one supreme being and in whichever name and form the deity might be invoked. He is to the devotee the supreme God to whom all functions of creation, preservation and destruction are attributed. In worshipping the images therefore the Hindu purports to worship the supreme Deity and none else."
Tantra -- It is one of Sastras for the Hindus'. It directs to think God in the form of Adyasakti. Different forms of images have been prescribed for worship. There are 64 Tantrasastras. Importants are Mahanirvana, Kularnab, Kulasar, Prapanchasar,Tantraraj, Rudrajamal, Brahmajamal, Vishnujamal and Toraltantra, Pancharatra, Samhita and Saiva Agam -- Pancharatra Sarnhita is for Baishnabs and Saiba Agam is for the Saibas. There are 215 separate Pancharatra Sarnhita and 28 Saiba agam were there but now 20 are available. The important Pancharatra Samhita are Iswar, Pouskar, Param, Satwata, Brihatbrahma and Gyanamrita sar samhita.
18. These are in short the histories and the development of the Hindu religion. It is difficult to say and to define and/or summarise what are the scope of Hinduism as the Hinduism is too wide and ancient. Hindu religion is the oldest religion the world. There is no well defined limits of this religion. It is not confined to one or two books or texts as in case of or other religions.
19. In the 8th Century A.C. there was born in southern India of Brahmin parents, a person by She name of Sankaracharya - a most remarkable person of whom any country and any nation could be proud. He was one of the world's greatest philosophers and spiritual leaders, a matchless dialectician and a born reformer. The theory of absolute monism which he propounded on the authority of the Upanishads is still a wonder and a puzzle to the philosophic world. He stood at the vanguard of the movement for revival of Hinduism and succeeded in combating and crushing the remnants of effect Buddhism and re-establishing the religion of the Vedas. Like all leaders of new thought he combined rare spiritual excellence with sound practical wisdom and forsight. What he tried to bring back, was not so much the rituals and sacrifices of the Vedic religion but the true philosophy of the Vedas as embodied in the Upanishads. The Mutts or monasteries which he founded were all modelled on the Buddhist Vihara or Sangharama and many of the rules of his monastic order were taken from the Vinaya Pitaka. The practice of establishing Mutts or centres of theological learning the heads of which were pious ascetics, was followed by other religions teachers who came after Sankar even though Mutts did not find place in the available texts. Ramanuja was one of such great teachers who was born in the middle of the eleventh century A.C. and was the founder of the religious sect known as Sri Vaishnab which counts its adherents by thousands at the present day. The philosophical theory propounded by Ramanuja is known as Visistadwaita or qualified nondualism as distinguished from pure nondualism of Sankar. Ramananda founded a different school of Vaishnabism. Madhwa was another religious teacher who founded the sect named after him. Amongst other important Vaishnava sects we might mention those founded by Nimbarka, Ballavacharya and Srichaitanya Mahapravu of Bengal. Each one of these sects has its religious institutions on the model of the mutts founded by Sankara, though there are differences in the matter of initiation of disciples, succession to headship etc. The mode of worships and the ceremonies of the Hindu religion changed from time to time by these great religious teachers and it was never static. In this connection, in the Book of the Presence of Siva, published by Motilal Banarsidass Chowk, Varanasi 221001, Ashok Rajpath, Patna 800004, 24 Race Course Road, Bangalore 56001, Bungalow Road, Jawahar Nagar, Delhi 11007, 120 Royapattah High Road, Mylapore, Madras 600004 and printed in the United States of America, it was stated the Siva's Dance which is as follows:--
"In the Kurma Purana, Siva says of himself, "I am the originator, the god abiding in supreme bliss. I, the Yogi, dance eternally" (Kup. 2.4.33). "Having said this, the Lord of Yogis, the Supreme God, danced, showing his formidable. Supreme reality" (Klip. 2.5.1). In the spotless sky the yogis saw him dancing, the Great God who is Lord of all beings, whose maya is all that is here, and who activates the universe (K.up. 2.5.2-4). They saw in the sky Rudha, the Great Liberator, who loves his devotees and liberates them from ignorance (Kup. 2.5.7). They saw the Great God full of energy dancing with Vishnu in the clear sky (Kup. 2.5.2). In his dance Rudra and Vishnu became one, Vishnu becoming the left half of Lord Rudra (Kup. 2.5.18.20). The celestial dance of Siva the Yogi was seen only by yogis and sages (Kup. 2.5.3-4), whereas the whole cosmos was the scene of Siva's dance. At the end of time, he dances the awesome Tandava. The stamping of his foot, the gyrations of his body, his flailing arms toss the mountains into the air; the ocean rises, the stars are lashed and scattered by Siva's matted hair. In order to save the world, Siva in his perverse power dances the world out of existence (MST. 16; HV/1/46.) wildly laughing (ef. MD. 58', scattering ashes from his body (Ks.5.79) so that the world may be renewed. This is the Tandava dance of Siva, as Kala-Mahakala, the Destroyer, Destroyer of destruction. But, from his flowing hair the rivers will flow again into existence (ef. LP.1.43, 32-39; SP.57.72-82), and the rays of sun and moon will be seen again for what they are, the hair of Siva (MBH.7.173, note 92, insert No. 1470, lines 1-2). The dance in the sky before the eyes of the yogis and sages, the cosmic dances, and the dance of destruction-creation have the universe for their stage. Another dance, the Ananda Tandava, Siva's "dance of bliss in the hall of consciousness." is Siva's dance within the heart of man. There Nataraja, the Lord of dancers, dancing, shows his fivefold activity, the expression of his divine totality. His dancing limbs convey by their movements and symbols the fivefold action of creation, maintenance, dissolution, veiling-unveiling, and liberation. Nataraja dances the cosmos into existence, upholds its existence, and dances it out of existence. The Lord veils existence with illusion so that it is seen as real, and dancing, he removes the veil. The raised leg of the dancer shows the liberating freedom of his dance, the drum raised by the right hand sounds the note of creation, the flame in the left hand flickers in the change brought about by destruction, me right hand grants freedom from fear, the fear of repeated births and deaths, and assures the maintenance of life. The dancer's foot is firmly planted on the infant shape of the demon Amnesia, the Apasmara Purusa, and accentuates the vertical, cosmic axis of the god's body. The movement of the dancer around this axis, self-enclosed in balanced gyration, is encircled by flames.
The South Indian bronze image of Nataraja in its explicit, yet contained, form equals in its perfection the static shape of the linga with its encapsulated power. Sivaramamurti cites a panegyric of late date from Chidam-baram, the sacred center of Nataraja's worship. The hymn, called Tatvaryastava, celebrates the "foremost of the hunters", who "dances in the company of his beloved in the ... forest of Tilai trees ...... causing the waves of sentience to tremor and scintillate.....As he dances, he appears in the immaculate lotus of the heart....." In the verbal sophistication of the panegyric the memory of the Hunter is fresh. The dance of this Hunter, "in the immaculate lotus of the heart" is by the same dancer who as yogi danced for yogis and sages only.
Siva dances for the Goddess special Tandava dances for her three forms as Uma, Gouri and Kalika. His dance as a beggar for Parvati's hand delighter Mona. He danced the Tandava before Tripura and after he killed the elephant demon, in the red glow of setting sun, blood dripping from the elephant's hide (cf. MD. 36). He danced his mad, erotic dance (LP 1.31.30), rising to supreme glory -- and accompanied by Visnu -- in the Deodar forest (Kup. 2.37.20): he danced in the evening, after the destruction of Daksa's sacrifice (NS.4.234): as Bhairava, he danced on leaving Visnu's house, and again when the-skull fell from his hand in Varanasi; he dances on (he cremation ground where the funerary pyres abound and keep warm the earth scattered with corpses. He danced in the battle with Andhaka (Vmp.43.69-76), Lord Kalagni Rudra danced holding Andhaka aloft, impaled on the trident (Kup. 1.15.184; SP.29.25-27). Andhka himself danced when he was born and after he had become Bhrngi, Ganesa, Karttikeya, and the Goddess dance, and the Mothers whose chorus Siva leads, playing on the vina. Siva's ganas dance; there is no end to Siva's dance, it disperees his tejas, his fiery energy and glory in his world.
20. The Supreme Court in the writ petition file'd by Acharya Jagadiswarananda Avadut held that Ananda Margis are religious denomination or in other words, it is a distinct group within the fold of hinduism. In this connection Supreme Court also observed that Tandava Dance was not accepted as an essential rite of Ananda Margis when in 1955 the Ananda Marga order was first established. Supreme Court expressed as to whether in such circumstances Tandava Dance can be taken as an essential religious rite of the Anand Margis. Supreme Court.also observed that "even conceding that it is so, it is difficult to accept Mr. Tarkunde's argument that taking out religious processions with Tanda Dance is an essential religious rite of Ananda Margis". Supreme Court also observed that "Even conceding that Tandava Dance has been prescribed as a religious rite for every follower of the Anands Margi it does not follow as a necessary corollary that Tandava Dance to be performed in the public is a matter of religious rite. In fact there is no justification in any of the writings of Shri Ananda Murti that Tandava Dance must be performed in public. At least none could be shown to us by Mr. Tarkunde despite on enquiry by us in that behalf. It is only after this observation of the Supreme Court was made, the Tandava Dance was prescribed in writing in the books mentioned above by Ananda Murtiji. Supreme Court has accepted the position that Ananda Marg is a religious denomination and this Court has tried to analyses all text of Hindu religion to find out whether there is any mention of such Tandava Dance as part of religious practice. Nataraja (Lord Shiva) performed Tandava Dance. Many of the practices have acquired sanction by afflux of time. Some customs are practised which may not have any sanction from the authorities on the basis of which Hinduism is based upon, still then by afflux of time acquired a sanction which is being performed by the people who are living under the Hindu faith. The Tandava in sculpture does throw light that it was an essential and integral part of Hinduism. Those images might not have been made simply on imagination. This dance is permissible and it has got source from this religion. The question is whether such a dance in public had the religious sanction. It is also well known that Tantra sadhana is being made in the burning ghat at night sitting before deadbody. The Tandava Dance with skull have some sanction and that is a thing which can be practised. It was stated that Poet Rabindra Nath Tagore had said in connection with the performance of Nataraja drama at Santiniketan that "In the Tandava Dance of Nataraja the vigorous fall of his one foot manifests the world of beautious forms swirling in the outer heavens. The fall of his another foot causes the world of Rasa (aesthetic flow of joy) to be churned within the human mind. If one can participate in the vast rhythmic dance of Mahakali (eternal tempos) both within and without one's mind realises the unfathomable bliss of the continuous flow of divine bliss both in the outer and inner worlds and becomes free from the fetters of crude materialism. This is the quintessence of the 'Nataraja' opera."
The form of worship, rituals and the religious ceremonies changed from time to time. Various spiritual leaders appeared in India and it is very difficult to state their names. But these spiritual leaders contributed new thought with spiritual excellence and practical wisdom. That is why, we find that starting from Sankaracharya from time to time different spiritual leaders contributed many things which form parts as religious practice. As hereinbefore stated that it is beyond the power of any court to lay down or define or summarise different religious practices and procedures which were followed and are being followed within the fold of Hinduism in different parts of India. This is a religion which was not founded by any known man but it has grown century after century on the basis of different texts which have been contributed by various religious leaders who had born in this country. According to the Tantras, whose injunctions are said to be binding in the Kali age, the old Vedic Asrams or divisions of life no longer exist and there are only two Asrams, Namely, those of (1) Grihastas or householders and (2) Abadhutas or ascetics. In the fold of Abadhutas, all persons including Sudras could be admitted. The practice of setting up Mutta as centres of theological learning which was started by Sankar was followed by almost all the religious teachers since then. It must be remembered that subject to obvious limitation recognised by Constitution itself on the ground of public order, morality and social reform, the administration and the Judges will do well not to convert themselves into priests, preceptors, prophets and religious reformers. Where however, religious practice becomes a a crime, then the courts have undouted right under the Constitution to strike them down on ground of public order.
21. Supreme Court in Acharya Jagdi-shwaranand Avadhuts's case (supra) observed that Ananda Marg was founded upon essence of Hindu philosophy and held that Ananda Murtiji had established Ananda Marg which was held to be a collection of individuals who has a system of beliefs or doctrine which they regard as conducive to their spiritual well-being; they have a common organisation and the collection of these individuals has a distinctive name. Ananda Marga, therefore, can be appropriately treated as a religious denomination within the Hindu religion.
22. The preamble of the Constitution states, inter alia, that the Constitution was being framed to ensure to all the people of the country 'liberty of thought, expression, belief, faith and worship' Article 19(1)(a) expressly confers the right of freedom of speech and expression. Article 25 guarantees freedom of conscience and religion. The Dictionary meaning (Random House Dictionary) defines the word "conscience" as the complex of of ethical and moral principles that controls the inhibits the actions or thoughts of an individual. Article 25 says that all persons are equally entitled to freedom of conscience and the right freely to profess practice and propagate religion. The Supreme Court in the case of Trilkayat Govindlalji v. State of Rajasthan, held that "In deciding the question as to whether a given religious practice is an integral part of the religion or not, the test always would be whether it is regarded as such by the community following the religion or not".....
This question will always have to decide by the court and in doing so, the court may have to enquire whether the practice in question is religious in character and if it is whether it can be regarded as an integral or essential part of the religion and the finding of the court on such an issue will always depend upon the evidence adduced before it as to the conscious of the community and the tenets of the religion". The word 'religion' used in Articles 25(1) and 26 of the Constitution was explained by B. K. Mukherjea, J. speaking for the court (the Bench consisted of Seven Ld. Judges) in the case of the Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar that - "Religion is certainly a matter of faith with individuals or communities and it is not necessarily theistic. There are well known religions in India like Buddhism and Jainism which do not believe in God or in any Intelligent First Cause. A religion undoubtedly has its basis in a system of beliefs or doctrines which are regarded by those profess that religion as conducive to their spiritual well being, but it would not be correct to say that religion is nothing else but a doctrine or belief. A religion may not only lay down a code of ethical rules for its followers to accept, it might, prescribe rituals and observances, ceremonies and modes of worship which are regarded as integral parts of religion and these forms and observances might extend even to matters of food and dress." It was also observed at para 22 of that judgment by the Supreme Court that-- "Freedom of religion in our Constitution is not confined to religious beliefs only, it extends to religious practices as well subject to the restrictions which the Constitution itself has laid down. Under Art. 26(b) therefore, a religious denomination or organisation enjoys com-plete autonomy in the matter of deciding as to what riles and ceremonies are essential according to the tenets of the religion they hold and no outside" authority has any jurisdiction to interfere with their decision in such matters". It was further observed in that judgment that "the guarantee under our Con-stitution not only protects the freedom of religious opinion but it protects also acts done in pursuance of a religion and this is made clear by the use of expression 'practice or religion' in An. 25." (Underlined by me.)
23. In the case of Durgah Committee, Ajmer v. Hussain Ali it was held by the Supreme Court that-- "Under Art. 25(1) subject to public order, morality and health and to the other provisions of Part III all persons are equally entitled to freedom of conscience and their right freely to profess, practice and propagate religion. This freedom guarantees to every citizen not only the right to entertain such religious beliefs as may appeal to his conscience but also affords him the right to exhibit his belief in his conduct by such outward acts as may appear to him proper in order to spread his ideas for the benefit of others."
24. Supreme Court has already declared that the Ananda Marg is a religious denomination. 'Denomination' is a collection of individuals classed together under the same name, a religious sect or body having a common faith and organisation and designated by a distinctive name. When the Supreme Court in Hindu Religious Endowment's case. (supra) had clearly laid down that under Art. 26(b) of the Constitution, a religious denomination or organisation enjoys complete autonomy in the matter of deciding as to what rites and ceremonies are essential according to the tenets of the religion they hold and no outside authority has any jurisdiction to interfere with their decision in such matters, can it be questioned by the Respondents. So according to the principle laid down by the Supreme Court in this regard, Ananda Murtiji who has established this religious denomination, enjoys complete autonomy in the matter of deciding as to what rites and ceremonies are essential for the members of that religious denomination and no other authority has any jurisdiction to interfere with their decision in such matters.
25. Accordingly, whatever has been decided by the head of that organisation cannot be questioned by the Court, as it is a matter which is within the exclusive jurisdiction of the head of that religious institution and such organisation enjoys a complete autonomy in the matter of deciding what rites, rituals and ceremonies to be performed by the members of that group. If the head of Ananda Marg, namely Ananda Murtiji enjoys a complete autonomy in the matter and if no outside authority, namely, the Court and other authority has no jurisdiction to interfere with such matters, in that event, it must be held on the basis of the principles laid down by the Supreme Court in this behalf that whatever is being prescribed by the head of the said religious denomination, namely the said Ananda Marg must be said to be the essential and integral part of their religion. Supreme Court in the earlier case observed in this connection that-- "We have already indicated that tandava dance was not accepted as an essential religious rite of Ananda Margis when in 1955 the Ananda Marga order was first established, it is the specific case of the petitioner that Sri Ananda Murti introduced tandava as a part of religious rites of Ananda Margis later in 1966. Ananda Marga as a religious order is of recent origin and tandava dance as a part of religious rites of that order is still more recent. It is doubtful as to whether in such circumstances tandava dance can be taken as an essential religious rite of the Ananda Margis". Supreme Court also observed that-- "In fact, there is no justification in any of the writings of Shri Ananda Muni that tandava dance must be performed in public. At least none could be shown to us by Mr. Tarkunde despite on enquiry by us in that behalf. We are, therefore, not in a position to accept the contention of Mr. Tarkunde that performance of tandava dance in a procession or at public places is an essential religious rite to be performed by every Ananda Margi."
26. Further from the judgment it appears that no written instructions have been given to all Ananda Margis to perform tandava dance on some occasions in 1955 but the latest edition of Carya-Carya, laid down that tandava dance constitutes an essential and integral part of the religion of the said organisation. According to the earlier judgment of the Supreme Court in the case of Hindu Religious Endowments, Madras (supra) which laid that under Art. 26(b) of the Constitution a religious denomination or organisation enjoys complete autonomy in such matter, in that event, it is not within the jurisdiction on the part of this Court to interfere with the decision or order or direction or mandate issued by the Ananda Murti to his disciples. True, when the matter came up before the Supreme Court, this was not so in writing and the religious book did not prescribe the same as a part of their religious rites and ceremonies. Subsequently it has been amended. If the head of the religious denomination or organisation enjoys a complete autonomy, in that event, he has a right to do so at any point of time and when this Court found that their religious books contain such a direction or mandate, then it must be held that the same becomes a religious practice of that order. In this con-nection, the provision of Art. 26(b) of the Constitution on which reference was made by the Supreme Court in the case of Hindu Religious Endowments, Madras (supra) provides that-- "Subject to public order, morality and health every religious denomination or any section thereof shall have the right-
(a).....
(b) to manage its own affairs in matters of religion;
The provision of Art. 26(b) of the Constitution as interpreted by the Supreme Court, makes it abundantly clear that-- every religious denomination or organisation enjoys complete autonomy in the matter of deciding as to what rites and ceremonies are essential according to the tenets of the religion they hold. It is also clear that the right guaranteed under Arts. 25 and 26(b) of the Constitution, is also subjected to public order, morality and health. In my view, the preamble of the Constitution and the provision of Art. 19(1)(a) which guarantees right to freedom of speech and expression, the provision of Art. 25(1) of the Constitution which guarantees right to freedom of religion that subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion and lastly the provision of Art. 26(b) of the Constitution which provides that each religious denomination or organisation enjoys complete autonomy in the matter of deciding as to what rites and ceremonies are essential according to the tenets of the religion they hold, confers a clear right upon the religious denomination or organisation, to lay down what rites and ceremonies are essential according to the tenets of the religion they hold. Art. 25 protects religious freedom as far as individuals are concerned. The right is not only given to all citizens of India but to all persons, and the right is to profess, practice and propagate religion. Art. 26 does not deal with the rights of an individual but deals with the rights of a religious denomination or a Section of a religious denomination. Therefore, what Art. 26 does is to protect and safeguard collective rights in contradiction to individual rights safeguarded by Art. 25. The position that emerges from the judgment of the Supreme Court in Commr., Hindu Religious Endowments case (supra) is apart from individual and collective interests, that in case of individual's freedom of religious rights under Art. 25, such individuals can only practice and propagate and profess freely and equally and no discrimination could be made between individuals. But such individuals can only practice and profess his religion and in such a case he has to establish with reference to the doctrine of a particular religion and includes practices which are established and regarded by the community in question as a part of his religion. In case of religious denominations or organisation they enjoy independence in the matter of deciding or laying down the rites and ceremonies which according to them are essential as per the tenets of that religious denomination. Art. 26(b) has conferred a special privilege and protection of any rites and ceremonies which are laid down by such organisation or denomination. Such rights and privilages conferred by Art. 26(b) is not available to individuals whose protection is only limited to the well established and recognised religious rites of the religion to which he belongs. Even if Ananda Margis were not regarded as a religious denomination or organisation in that event also they could claim tandava dance as an essential and integral part of their religious order.
27. Further Art. 25 of the Constitution had not only granted freedom to freely profess and practice religion, it had also granted freedom to propagate religion. This freedom to propagate one's religion gives him the right to exhibit his belief in his conduct by such outward acts as may appear to him proper to spread his ideas for the benefit of others as has been pointed out by the Supreme Court in Durgah Committee's case (supra).
28. In the instant case, tandava dance has been prescribed as one of the ceremonies to be performed as part of the religion of Ananda Margis on some occasions. The concept of tandava dance was not a new thing but it had its origin from ancient time and Lord Siva (Nataraja) performed this tandava dance. The performance of tandav dance cannot be said to be a thing which is beyond the scope of the religion. Hindu text and literatures provide such dance. If the courts started enquiring and deciding the rationality of a particular religious practice then there might be confusion and the religious practice would become what the courts wish the practice to be. When the religious denomination or organisation has been given by the Constitution of India the absolute autonomous power in the matter of deciding of what are the essential or integral part of religion by the head of the institution, in my view, it would not be open to the Court to sit over the judgment of such authority in such matter.
29. Accordingly, I hold on the basis of the materials on record and on the basis of the provisions of the Constitution and the different case laws on the subject that it was within the absolute jurisdiction of the Ananda Margis to lay down any ceremonies as essential and integral part of the religious rites or the ceremonies of the said organisation and the Court has no jurisdiction to interfere with it and accordingly, I hold that tandava dance is an essential and integral part of religious order of that particular community viz. Ananda Margi.
30. The next question that was raised is that the Commissioner of Police cannot prohibit the performance of religious rites and ceremonies. Reference was made on behalf of the State to the provision of S. 62A of the Calcutta Police Act which defines the power upon the Police Commissioner. S. 62A provides that-- "The Commissioner of Police and subject to the orders of the Commissioner of Police, every Police Officer of a rank not inferior to that of Sub-Inspector, may with a view to securing the public safety or convenience, but not so as to contravene any rule made under the last foregoing section or the provisions of any licence granted under any such rule, give all such directions either orally or in writing, as he may consider necessary to-
(a) secure the orderly conduct of persons constituting processions and assemblies in streets;
(b) prescribe the routes by which and the times at which any such procession may, or may not, pass;
(c) prevent obstructions on the occasion of all processions and assemblies and in the neighbourhood of all places of worship during the time of public worship, and in all cases when any street or public place or place of public resort may be thronged or liable to be obstructed;
(d) keep order on and in all streets, quays, wharves and landing places and all other public place or places of public resort; or
(e) regulate and control music, the beating of drums, tom-toms and other instruments, and the blowing of sounding of horns or other noisy instruments, in any street or any public place other than public buildings and the precincts thereof.
31. When the Constitution had guaranteed right to freedom of religion under Art. 25(1) of the Constitution which provides that subject to public order morality and health and to the other provisions of this part, all persons are equally entitled to freedom of conscience and right freely to profess, practise and propagate religion, it can only be regulated in the interest of public order, morality and health, but this fundamental right could not be made subjected to any administrative control. Certainly the police authorities cannot prohibit the fundamental right to freedom of religion. The police authorities are meant for the purpose of maintaining the public order and their right of interference is limited to public order. Freedom of religion is not an absolute right but subject to certain restrictions. But the restriction cannot be enlarged at the sweet will of the authorities concerned, or in other words, the right of police authorities is limited and restricted to public order only. Public order has a definite connotation and the object of the public order is to prevent any disorder and to see that lawlessness are not created in the public street and in order to avoid such a situation the police authorities can in order to protect the rights of the travelling public and to see that because of such religious procession, the right of the travelling public to move around is not seriously affected. But in the name of public order the police authorities cannot pass any order as they like, which may cause impediment on the rights of freedom guaranteed under Arts. 25 and 26 of the Constitution of India. It has to bear in mind that freedom to "propagate" religion guaranteed under Art. 25, would become nugatory if one is not allowed to exhibit such religion practice publicly and to display such actions in public and to communicate it to the public. So in order to propagate one's religion the police authorities are bound to allow to take out religious processions through public streets. The rights guaranteed under the Constitution could not be curtailed by the administrative acts or orders.
32. It has to be remembered that the principle of religious neutrality which has had such a long tradition in our country or in other words, the policy which has been adopted in the Constitution is one of non-interference with any religion in the State and equal treatment to all religions. The absence of any State religion and the equality of treatment assured to all religions mark the Constitution as one of the most advanced types of a secular State. A secular State does not however mean that the State must promote irreligion or that it should be indifferent to religion. It was pointed out by Justice V. Ramaswami of the Patna High Court in his learned Article in the Indian Law Review Vol. III, page 93, a secular State does not mean that laws are to be disassociated from ethical standards. In fact, the Constitution expressly enacts in Cl.(1) of Art. 25 that considerations of morality shall be paramount to the principle of freedom of religion, religious neutrality of the State and of religious equality enacted in the clause. In my view it is not the province or duty of the Court to pronounce on the truth of religious tenets nor to regulate religious rites or ceremonies. Equally the administration had no jurisdiction or right in the matter. There are people who have no belief in the religion, but religion does not cease to exist simply because it is ignored by a few. Douglas, J. of the American Supreme Court in the case of United States v. Ballar, (1944) 322 US 78, observed "Men may believe what they cannot prove. They may not be put to the proof of their religious doctrines or beliefs. Religious experiences, which are as real as life to some may be incomprehensible to others, yet the fact that they may be beyond the ken of mortals, does not mean that they can be made suspect before the law".
33. In this connection, Mr. Ghosh learned Counsel appearing on behalf of the petitioner drew the attention of the Court to the passage of a judgment of the Privy Council in the case of Eshugbavi Eleko v. Officer Administering the Govt. of Nigeria reported in AIR 1931 PC 248 wherein it was held that-
"The Governor acting under the Deportation Ordinance acts solely under executive powers, and in no sense as a Court. As the executive he can only act in pursuance of the powers given to him by law. In accordance with British jurisprudence no member of the executive can interfere with the liberty or property of a British subject except on the condition that he can support the legality of his action before a Court of justice."
34. Reference was also made to the decision of the Supreme Court in the case of Gulam Abbas v. State of U.P, wherein Supreme Court observed the order under S. 144 of the Code of Criminal Procedure administrative in nature and not judicial or quasi judicial. This judgment was referred to in support of his contention that the fundamental rights of freedom under Arts. 25 and 26 could not be interfered with by an order under S. 144 of the Code of Criminal Procedure. The position in law (is) well settled. The right of religion guaranteed under Arts. 25 and 26 could not be interfered by an order under S. 144 of the Code of Criminal Procedure. 34. Reference was also made to the decision of the Supreme Court in the case of Himat Lal K. Shah v. Commr. of Police Ahmedabad, wherein it was held:
"It is true that the right to assemble under Art. 19(1)(b) does not mean that the right can be exercised at any and every place. But nevertheless the State cannot by law abridge or take away the right of assembly by prohibiting assembly on every public street or public place. The State can only make regulations in aid of the right of assembly of each citizen and can only impose reasonable restrictions in the interest of public order."
It was observed in para 24 that:
"The right to conduct religions processions through the public streets is a right inherent in every person, provided he does not thereby invade the rights of property enjoyed by others, or cause a public nuisance or interfere with the ordinary use of the streets by the public, and subject to directions of prohibitions for the prevention of obstructions to throughfares".
(35) So far as the carrying of knives along with skull is concerned, it was contended on behalf of the State that carrying on knives is offence under the provisions of the Arms Act. The Indian Arms Act, 1878 was intended to disarm the entire nation when India was under the British Rule. This Act was amended in the year, 1953 with the object to exclude knives, spears, bow and arrows and the like from the definition of 'arms', unless it can be established that knife with blade of 10.16 centimeter in length is arm within S. 2(c) of Arms Act, 1972. So from the provisions ofthe Indian Arms Act, it is clear that a small knife of a particular size with blade is not an arm. 'Arms' mean articles of any description designed or adapted as weapons for offence or defence and includes firearms, sharp-edged and other deadly weapons and parts of, and machinery for manufacturing arms, but does not include articles designed solely for domestic or agricultural uses such as a lathi or an ordinary walking stick and weapons incapable of being used. A small knife below 10.16 centimeter along with skull solely for the purpose of performing religious rites and for show, cannot be said to be prohibited. Mr. Ghosh learned Counsel appearing on behalf of the petitioner exhibited photos which depicts that swords were allowed to be carried as a part of religion or religious order of some other religions. If the sword is allowed, that event, a small knife for show in one hand and a skull in other hand which is used for the purpose of performing such dance, cannot be said to be prohibited under the Arms Act. Carrying of Trishul (Trident) and small knives as a part of religious practice cannot be prohibited as these are not carried as arms but as symbol of religion.
36. Accordingly I hold that Tandava Dance as prescribed for the followers of Ananda Margh is an essential and integral part of the religion of the said religious denomination and they have a right to perform such a dance in public on the occasions prescribed in this behalf subject to the restrictions imposed under Arts. 25 and 26 of the Constitution and the Police authorities have no jurisdiction to impose ban on such a dance.
37. The writ petition succeeds to the extent indicated above. There will be no order as to costs.
38. Order accordingly.