Unabated drum beating during Muharram is illegal: Calcutta HC

kolkata: The Calcutta High Court Thursday ordered the West Bengal Police to regulate the playing of drums during the upcoming Muharram festival, while observing that continuous drum beating for celebrating the festival is

impermissible and that no religious tenet allows it [Shagufta Sulaiman vs State of West Bengal].

A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya refused to accept the submission of the state government that drum beating may be part of the religious activities during the Muharram festival.

“However, unabated beating of drums is impermissible. If what the petitioner says is true, then it is undoubtedly illegal and contrary to the relevant rules.

Therefore, there will be a direction to the Police to issue public notice regulating timing for beating of drums,” the bench ordered.

The bench added that the State must strike a balance between the right to enjoyment of religion and the right to life.

In this regard, the Calcutta High Court referred to the judgment of the Supreme Court in Church Of God (Full Gospel) vs KKR Majestic Colony Welfare.