MADIGA DANDORA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Yadgiri District, which is a part of Hyderabad- Karnataka area celebrates the communal harmony, which is generally found in Hyderabad-Karnataka area. This includes participation of both Hindus and Muslims in the festivals of each other community. The institutions like Sharanabasaveshwar Temple, Khaja Bandanawaz Dargah, are examples of the communal harmony, which can be followed by the entire country. In tune with the communal harmony, Muharram festival of the Muslim community is also celebrated by Hindus, wherein certain Hindu Deities are also worshipped by both Muslims and Hindus during the festival.

(2.) It is submitted by learned counsel for the petitioner that Tumkur village in Vadagera Taluk of Yadgiri district is one such place where the Hindu Deity called Kashimalli is worshipped by both Hindus and Muslims during Muharram festival and the festival is also celebrated by a folk dance called 'Alai Bhosai Kunitha' in front of the village temple.

(3.) It is submitted that Muslims as well as caste Hindus and other Hindus including Dalits in this case Madiga Community, participate in the said celebrations. The celebration also involved beating of halige (a type of percussion instrument) by the Madiga Community. It was felt that they were being made to beat the same because they were untouchables and for that reason, they stopped beating the same, but took part in the festivities. This gave rise to a communal disharmony between the upper caste Hindus and Madiga community, which resulted in communal clashes. Hence, the petitioner, which is an organization of Madiga Community gave representations to the authorities concerned to ban public festivities including 'Alai Bhosai Kunitha' during Muharrum festival in Tumkur village, Vadagera taluk, Yadgiri district. As the same has not been considered so far by the authorities concerned, the present writ petition is filed with the following prayers: