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Wednesday, May 07, 2008
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It is the belief of the country that matters: Soli Sorabjee

Legal Correspondent

Soli Sorabjee

New Delhi: A religious belief which is genuinely and conscientiously held over a long period by a substantial number of followers of a particular religion becomes an integral part of that religion and is entitled to protection under Article 25 of the Constitution (right to freedom of religion), senior counsel Soli Sorabjee argued in the Supreme Court on Tuesday.

“Religious feelings of the people are to be respected and not offended. It is the belief of Hindus that Ramar Sethu was constructed by Lord Rama and his followers who crossed the bridge to Lanka and retrieved Sita from the clutches of the demon Ravan. That indeed is the essential theme of the Ramayana, which is an article of faith with the Hindus.”

Mr. Sorabjee, appearing for S. Kalyanaraman in the Ramar Sethu case, said: “The issue before the court is not whether this belief can be historically or scientifically established. The court cannot sit in judgment on that belief. The court’s role is to determine whether this belief is genuinely or conscientiously held over a period of time by Hindus and if that be so it falls within the ambit of the freedom of religion guaranteed by Article 25.”

If worship and rituals were performed over a long period, these would get constitutional protection and the court could not interfere with it, he said.

Intervening, Justice R.V. Raveendran said: “Here it is not a question of rituals or worship. This principle can’t be extended to something which is under water. The length, width and size will matter. They [government] are not demolishing Ramar Sethu. They are saying only 300 metres of it would be cut. Will this change or affect the sanctity of the entire structure? Even trees are worshipped in this country. What is the philosophy and principle you are trying to say?”

Mr. Sorabjee said: “Don’t take extreme positions. We are not concerned with hill, mountain or lake. For over 1,500 years Ramar Sethu is in the minds of the people. Even the committee of eminent persons had said that this belief is deeply ingrained in the minds of the people. It is the belief of the country that matters. One has to see the circumstances and threat in the minds of those who hold that belief. Any object, however, trivial it may be, if it is connected with people’s religious belief it has to be protected.”

He said: “Ramar Sethu has acquired a special significance amongst the Hindus. Consequently, any state action which results in impairment or even partial destruction of Ramar Sethu and leads to extinction or diminution of the right to worship at Ramar Sethu as at present is per se violative of the guarantee of freedom of religion.”

Senior counsel C.S. Vaidyanathan, who along with K. Parasaran is appearing for Hindu Munnai leader Rama Gopalan, dwelt on an alternative alignment for carrying out the Sethusamudram project. “It is the faith of Hindus that a bridge was constructed by Lord Rama. By destroying Ramar Sethu, the fundamental character of the bridge will be lost and it will no longer be called a bridge. In the case of a mountain or a river, even if something is done, it will not change its character. But if you demolish Sethu, it will cease to be a bridge.”

The project could be implemented by considering alignment 4 and the cost would also be cheaper than alignment 6 but this aspect was not at all considered (The Centre says there is no alternative to the existing alignment 6.)

Mr. Vaidyanathan will continue his arguments on Wednesday.

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