Right to privacy also includes person's spiritual orientation: Madras High Court

The Madras High Court has held that if the right to privacy includes within its scope a citizen’s sexual and gender orientation, it must also include their spiritual orientation [P Naveen Kumar v. The District Collector, Karur & Others]..In an order passed on May 17, Justice GR Swaminathan said,“If the right to privacy includes sexual and gender orientation, it certainly includes one's spiritual orientation also. It is open to a person to express this orientation in the manner he deems fit. Of course, it should not affect the rights and freedoms belonging to others. Of course, it should not affect the rights and freedoms belonging to others. So long as this rubicon is not crossed, it is not open to the State or the Courts to impinge on one's action.".The Court allowed a petition filed by a local resident seeking permission to perform vows by rolling across the ground at a local temple.The petitioner said that his representation made to the Karur district authorities seeking permission to perform Angapradakshinam at a popular temple in the district went unanswered. Angapradakshinam is a common ritual in Tamil Nadu where devotees roll over the ground to reach the temple threshold, the petitioner said. However, in the present case, the petitioner wished to roll over plantain leaves that held leftovers of other devotees' food.Before the High Court, the State and district authorities opposed his prayer and claimed that such practice was inhuman. The authorities had also cited a 2015 order of the Madras High Court that had denied permission in a similar case..Justice Swaminathan, however, held that it was not open for the Court to verify if rolling over the plantain leaves could make the petitioner virtuous.The judge also said that the Angapradakshinam was indeed a common ritual performed by devotees at several temples across Tamil Nadu. Therefore, there was no reason to deny permission for the same.“I take judicial notice of the fact that many a devotee of Lord Muruga exhibits his piety by piercing small hooks on his tongue, lip or on the skin of one's back in fulfilment of vow. Likewise, devotees of Amman undertake fire-walk, carrying of pot of burning coal etc., These are inseparable features of Tamil religious culture. Therefore, preventing the devotees of Sri Sadasiva Brahmendral from engaging in similar act of devotion would be a gross violation of the right to equality guaranteed under Article 14 of the Constitution of India...It is not open to the court to challenge the belief entertained by the petitioner as regards the spiritual efficacy of the practice,” it said.The Court went on to state that the practice would be protected under Article 19(1)(d) of the Constitution, which safeguards the freedom to move freely throughout India."Article 19(1)(d) states that all citizens shall have the right to move freely throughout the territory of India. This right is subject only to the reasonable restrictions envisaged under Article 19(5). Right to move cannot be confined to walking or vehicular transportation. It would include Angapradakshinam also.".Advocate G Thalaimutharasu appeared for the petitioner.Additional Government Pleader T Vilavankothai, Advocate C Christopher and Government Advocate A Albert James appeared for the respondent State and district authorities..[Read Order]