Radhika Mittal
On 07.08.2024 the Madras High Court dismissed a petition seeking to declare the ‘Thirukkural’ as the ‘National Book of High Values and Virtues of India’/ or the ‘National Literature of Virtue with Ethics of India’. In the instant case, aThe petition was filed under Article 226 of the Constitution of India, requesting the Union Government to make the declaration through legislation and official notification in the Union of India’s gazette.
The said petition also sought for the translation of Thirukkural into all Indian languages and its inclusion in the curriculum across all educational institutions under both the Union and State Governments, from primary to higher education levels. Additionally, the petitioner requested the nationalization of all Sangam period literature in Tamil, the institution of awards in the name of ‘Thiruvalluvar’ similar to the Bharat Ratna for social service, and the erection of a statue of Thiruvalluvar near the new Parliament building. The petitioner further requested suggested that Thiruvalluvar to be declared as the Ethical and Spiritual Guru of India, and his birthday be recognized as a national holiday celebrated as the ‘Spiritual and Ethical Day of India’.
The division bench, comprising Justices R. Subramanian and L. Victoria Gowri, emphasized that the Court’s jurisdiction does not extend to making such declarations, which fall under the purview of the government’s policy decisions. The Court remarked that India, being a nation with diverse languages, would face complications if the petitioner’s request was granted, as it could lead to similar demands for other texts across various High Courts, resulting in potential chaos.
The bench concluded that while Thirukkural is not restricted to Tamil Nadu, it would be inappropriate for the Court to open a “Pandora’s box” that could lead to disorder. Thus, the writ petition was not entertained by the Court.
Case Name: M. Selva Kumar v Union of India
Case Number: W.P.(MD) No.19007 of 2024
Bench: Justice R. Subramanian and Justice L. Victoria Gowri
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