Participation Of Person Practicing Particular Faith In Festival Celebration of Another Religion Doesn’t Offend Constitutional Rights: Karnataka High Court

The petition before the High Court was filed against the decision of the Government of Karnataka to invite Banu Mushtaq as Chief Guest to inaugurate the Dasara festivities, atop the Chamundeshwari Hills, on September 22, 2025.

The Division Bench of Chief Justice Vibhu Bakhru and Justice C M Joshi held, “In the present case, we are unable to accept that any legal or constitutional right of the petitioners is violated by extending the invitation to respondent No.4 to inaugurate the State-sponsored Dasara festivities. Participation of a person practicing a particular faith or religion, in celebrations of festivals of other religion does not offend the rights available under Constitution of India. In our view, the extension of invitation to respondent No.4 does not fall foul of any of the values enshrined in the Constitution of India.”

Advocate Rajavardhana Reddy B represented the Petitioner, while Advocate General K. Shashikiran Shetty represented the Respondent.

Factual Background

As per the petitioner, it was not appropriate to invite the respondent for the inaugural function, as it involved active participation in Hindu religious rituals, including the lighting of a sacred lamp (Deepa Prajwalam) before the sanctum sanctorum and offering flowers, fruits and other traditional items to the deity. It also involved participating in Vedic prayers and chanting, setting a spiritual tone to the ten-day celebrations.

Reasoning

The Bench was unable to accept that the said invitation offended Articles 25 or 26 of the Constitution of India. The Bench noted that the festivities were being organised by the State every year, and an accomplished person was called for the inaugural ceremony.“The persons in the past have included scientists, educationists, authors, freedom fighters. Undisputedly, respondent No.4 is an accomplished author and 2025 Booker Prize winner. She is also a lawyer and a social activist. She has also served in various public offices, including being a Member of the Hassan City Municipal Council, Chairperson of the Visitor's Board of Chamarajendra Hospital, Member of the State Library Authority and Chairperson of the Hassan District Samata Vedike and Women's Development Forum”, it stated.

The Bench explained that Article 25 of the Constitution guarantees the right to freedom of conscience as well as the right to freely profess, practice and propagate religion and Article 26 of the Constitution guarantees every religious denomination or any Section thereon to establish and maintain institutions for religious and charitable purposes; to manage its own affairs in matters of religion; to own, acquire movable and immovable property and to administer such property in accordance with law.

“The petitioner's right to practice and propagate religion is not curtailed in any manner by extending invitation to respondent No.4 to inaugurate the Dasara festivities”, it said while also adding, “In the present case, no right of any religious denomination or any Section thereon has been curtailed or restricted. None of the persons managing any religious denomination have come forward to claim that their right to maintain their institutions for religious and charitable purposes is being violated.”

It was further noticed that the petitioner did not represent any denomination or any Section whose right to establish or maintain its institution was sought to be curtailed. Considering that the extension of invitation to the Writer did not fall foul of any of the values enshrined in the Constitution of India, the Bench dismissed the Petition.

Cause Title: H.S. Gaurav v. The State of Karnataka (Neutral Citation: 2025:KHC:36477-DB)

Appearance

Petitioner: Advocate Rajavardhana Reddy B

Respondent: AAG Prathima Honnapura, AGA Niloufer Akbar

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