Madras HC says no ‘Nama Sankeertanam’ can happen in residential societies without permission, says ‘peace and silence are best prayers’

The Madras High Court on Wednesday (16th July) put a restriction on the organisation of Nama Sankeerthanam, a Hindu religious practice of chanting the names of deities, in a residential society without the permission of the district collector.

“Peace is the best prayer, and silence is the greatest prayer. The day people realise this truth, they will not disturb others by indulging in loud and noisy ways of praying to God,” said a bench of Justice N Anand Venkatesh forbidding the use of premises of a residential society for congregational prayers without the permission of the district collector.

The decision came during the hearing of a writ petition filed by Prakash Ramachandran, a resident of Krishnamachari Street at Radha Nagar in Chromepet, Chengalpattu district, in Tamil Nadu. The petitioner filed the petition against the recitation of Nama Sankeerthanam by a private organisation called the Global Organisation for Divinity (GOD) in the residential premises belonging to his neighbour, which the organisation was using as its office. He contended that the Nama Sankeerthanam recitation on the premises was causing disturbance to other residents of the locality.

Responding to the petition, the private organisation filed a counter-affidavit to show that they had the consent of all other neighbours for the Nama Sankeerthanam. The organisation said that their religious rights were protected under Article 25 of the Constitution. It further submitted that uttering the names of God would bring peace of mind.

After hearing the contentions of both sides, the court said prayers should be confined within the four walls of a house and should not cause inconvenience to others. The judge referred to an earlier order of the court, which restricted the use of a residential premise for Christian congregational prayers without obtaining the collector’s permission in the Kanniyakumari district. “The same will apply here, too. Except for the change in the name of God, all other things are the same. How can you have Nama Sankeerthanam without the Collector’s nod?” the judge said. The court directed the Inspector of Chitlapakkam police station to ensure compliance with the court order.

The present High Court ruling attempts to maintain harmony between the religious rights and the residential rights of the people. However, we have seen in the past how even courts sometimes fail to uphold this harmony across all religions.

In February 2022, the same Madras High Court had directed a Hindu petitioner to exhibit tolerance after he moved the court complaining about the use of loudspeakers in a newly constructed church in Neduvilai in Kanyakumari district of Tamil Nadu. The petitioner had also alleged that the church had installed CCTV cameras pointing towards his house. He pleaded with the court to direct the removal of the loudspeakers and the concerned CCTV cameras as they were causing him inconvenience.

The High Court dismissed his plea and reminded him of what the true meaning of being a ‘Hindu’ was. The court told him that the fundamental tenet of being a Hindu was tolerance and that he should learn to live with everybody else around him. The court further explained to him that India is a secular country, which recognises the practice of religion and therefore, the petitioner should not complain against the same.

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