On the evening of May 27, 1953, Periyar E.V. Ramasamy, founder of the Dravidar Kazhagam (DK), broke a clay ‘idol’ of Lord Pillaiyar or Ganesha, at a public meeting in Town Hall Grounds in Tiruchi.
Offended by this S. Veerabadran Chettiyar, a Saivite, filed a complaint against Ramasamy and two others before the Additional First Class Magistrate, Tiruchi. He alleged that before breaking the idol, the DK leader made a speech, and expressly stated he intended to insult the feelings of the Hindu community with his actions. The other two accused abetted and aided him. This caused “terror-commotion in the mind of the Saivite Section” of the Hindu Community. Chettiyar said this act attracted offences under Sections 295 and 295A of the Indian Penal Code (IPC).
However, the magistrate, on receipt of a police report, dismissed the petition holding that the image broken by Periyar cannot be held as “sacred”. The magistrate observed, “The mud figure of Ganesha alleged to have been broken by the accused is not an object held sacred or worshipped by any class of persons. Simply because it resembled the God Ganesha, held in veneration by a section, it cannot become an object held sacred.”
