The High Court of Karnataka has permitted Yakshagana melas of Kateel Sri Durgaparameshwari temple to perform Yakshaganas from dusk to dawn, as it existed in the pre-COVID-19 period, subject to adhering to the Noise Pollution (Regulation and Control) Rules, 2000.
Justice M. Nagaprasanna passed the order on a petition filed by Krishna Kumar, a resident of Bengaluru and a devotee of the temple.
The petitioner had questioned the endorsement given by the Deputy Commissioner, Dakshina Kannada district, on November 15, 2022, restricting the timings of the Yakshagana programme of the temple between 5 p.m and 12.30 a.m. The reason for the DC to restrict the performance only till 12.30 a.m. was that the sound generated during the performance would be beyond the permitted decibels as per the rules.
Age-old practice
Pointing out that the practice of performing Yakshagana is from dusk to dawn from time immemorial, it was pointed out in the petition that the restriction on the timings of Yakshagana was introduced mainly due to COVID-19 restrictions.
Meanwhile, the government counsel told the court that the authorities had no objection for permitting Yakshagana performance from dusk to dawn but the only issue is limiting the decibels of sound generated during the performance at night.
Undertaking given
For this, the counsel for the petitioner gave an undertaking that they would adhere to the decibel norms prescribed in the rules, and performance of Yakshagana would not be contrary to the rules in any manner.
Accepting the petitioner’s undertaking for not violating the 2000 rules, the court asked the DC to permit the performance of Yakshagana as it existed during the pre-COVID-19 period with a condition of not violating the noise level norms. However, the court made it clear that if the undertaking is breached, then it is open to the DC to initiate action as per the law.
