Supreme Court to Hear Challenge Over Non-Hindu Author Inaugurating State-Sponsored Dasara Festival

NEW DELHI – The Supreme Court of India has agreed to an urgent hearing of a plea challenging the Karnataka High Court's decision to uphold the state government's invitation to International Booker Prize winner Banu Mushtaq, a non-Hindu, to inaugurate the iconic Mysuru Dasara festivities. The case brings to the forefront a critical legal examination of the boundaries between state-sponsored cultural events and constitutionally protected religious freedoms under Articles 25 and 26.

The controversy, which has sparked significant public and political debate, will now be scrutinized by the nation's apex court after petitioners, including former BJP MP Pratap Simha, argued that allowing a non-Hindu to perform inaugural rituals at the Chamundeshwari Temple is a violation of Hindu religious practices.

The Genesis of the Legal Challenge

The dispute originated from the Karnataka government's decision to invite Banu Mushtaq—an acclaimed author, lawyer, and social activist—to serve as the Chief Guest for the inauguration of the 2025 Dasara festival on September 22. The inaugural ceremony, held atop the Chamundi Hills, traditionally involves rituals such as 'Deepa Prajwalam' (lighting of the sacred lamp) and offering floral tributes to the idol of Goddess Chamundeshwari.

Petitioners swiftly moved the Karnataka High Court, contending that these are sacred religious practices that, according to Agamic traditions, can only be performed by a practicing Hindu. They argued that the state's decision infringed upon their fundamental rights under Article 25 (the right to profess and practice religion) and Article 26 (freedom to manage religious affairs). The petition specifically alleged that Mushtaq was "anti-Hindu" and thus "not fit to open the event," citing her past remarks.

The counsel for one of the petitioners, mentioning the matter for urgent listing before the Chief Justice of India, framed the issue succinctly: "This is a plea against the Karnataka Government's decision to allow a non-Hindu to perform Agra Puja at the Chamundeshwari Temple for the inauguration of Dasara in Mysuru."

Karnataka High Court's Decisive Ruling

On September 15, a division bench of the Karnataka High Court, comprising Chief Justice Vibhu Bkhru and Justice C.M. Joshi, comprehensively dismissed the batch of petitions. The High Court's order established a clear distinction between a state-organized function and a religious ceremony managed by a specific denomination.

The state, represented by Advocate General K. Shashikiran Shetty, argued forcefully that the Dasara festival is a state-sponsored event, not a function organized by a temple or religious institution. As such, the state is bound by the constitutional mandate of non-discrimination on the grounds of religion. Shetty drew a historical parallel, reminding the court that the late Kannada poet Nisar Ahmed had inaugurated the same event in 2017, an occasion attended by petitioner Pratap Simha himself.

The High Court concurred with the state's position, noting that the selection of the Chief Guest was made by a multi-party committee of elected representatives and government officials. The bench observed that accomplished individuals from various fields, including scientists, educationists, and authors, have traditionally been invited to inaugurate the festivities.

In its detailed order, the High Court articulated a pivotal legal principle:

“Participation of a person practising a particular faith or religion, in celebrations of festivals of other religion does not offend the rights available under the Constitution of India.”

The court found that no constitutional or legal right of the petitioners had been violated. Chief Justice Bakhru remarked that the petitioners' right to practice their religion was "not curtailed in any manner by extending invitation to respondent No. 4 (Mushtaq)." The bench further highlighted a crucial point regarding legal standing:

"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.”

Ultimately, the High Court concluded that the invitation to Ms. Mushtaq, an "accomplished author," did not "fall foul of any of the values enshrined in the Constitution of India.”

Arguments Before the Supreme Court and Broader Implications

With the matter now escalated to the Supreme Court, the legal arguments will likely pivot on the interpretation of "religious affairs" under Article 26 and what constitutes an infringement of the "right to practice" religion under Article 25.

The petitioners will argue that the High Court erred in characterizing the inaugural ceremony as a purely secular, state-sponsored event. They will likely contend that the location (a prominent temple) and the nature of the rituals (offering puja to a deity) imbue the ceremony with an inalienable religious character, thereby bringing it under the protection of Articles 25 and 26. The argument rests on the premise that the state, even in its sponsorship, cannot dictate the terms of a religious ritual in a manner that offends the customs and beliefs of the followers.

Conversely, the State of Karnataka will defend the High Court's reasoning, emphasizing the festival's history as a 'Nada Habba' or state festival, celebrated as a cultural and historical event for all people of the state, signifying the victory of good over evil. The state's defense will rest on the constitutional imperative for the government to act in a secular, inclusive manner, celebrating citizens for their accomplishments without religious bias.

The Supreme Court's decision will have far-reaching implications. It could set a significant precedent on: 1. The State's Role in Religious Festivals: The judgment will clarify the extent to which the state can be involved in festivals with religious origins without violating the principle of secularism or the rights of religious denominations. 2. The Scope of Articles 25 and 26: The court may further delineate the scope of individual and collective religious rights, particularly in the context of public ceremonies where cultural and religious elements are intertwined. 3. Inclusivity in Public Life: The outcome will send a strong message about inclusivity and the role of accomplished citizens from minority communities in the broader cultural life of the nation.

For her part, Banu Mushtaq has viewed the invitation as a personal honor and an opportunity to fulfill a vow to the Goddess Chamundeshwari, made by a friend when her book was shortlisted for the Booker Prize. “Why should I react to the negativity of a few? People themselves are replying to those comments,” she stated, rising above the controversy.

As the legal community awaits the Supreme Court's hearing, this case serves as a vital test of India's constitutional commitment to religious freedom, secular governance, and the celebration of its diverse cultural fabric.