Himachal Pradesh High Court Upholds Religious Freedom for Diwali Celebrations

Court Strikes Down Blanket Ban; Issues Guidelines to Ensure Peaceful Festivities at Mahasu Devta Temple

In a landmark judgment, the Himachal Pradesh High Court has reinstated the rights of residents from Gram Panchayats Dhar Chandna and Bawat to celebrate Diwali at the Mahasu Devta Temple in Village Gaunkhar, overturning a previous restraint order by the Sub-Divisional Magistrate of Chopal. The decision, passed by Justice Sandeep Sharma, emphasizes the constitutional guarantee of religious freedom under Articles 25 and 26 of the Indian Constitution, which protect the right to profess, practice, and propagate religion.

The court's decision arose from a long-standing dispute involving residents of Gaunkhar and neighboring villages over Diwali celebrations at the temple. The judgment came after complaints of disturbances and altercations during past festivities, allegedly caused by anti-social elements. In response to these complaints, a restraint order was issued in 2020, barring residents of Dhar Chandna and Bawat from entering the temple premises during Diwali, which was challenged in the court.

Justice Sharma, while recognizing the potential for public disorder, underscored that the order infringed upon fundamental rights. He stated that any restriction on religious practices must be reasonable and directly related to maintaining public order, rather than a blanket prohibition that could escalate tensions. The court highlighted the necessity of balancing the right to religious freedom with public safety and issued specific guidelines to ensure a harmonious celebration.

The guidelines include prohibiting large processions, carrying weapons, and indulging in disruptive behavior. The court mandated a police presence during the festivities to prevent any untoward incidents and emphasized the responsibility of local leaders to uphold these directives. The residents are also required to limit the number of torches carried and ensure no person under the influence of alcohol enters the temple premises.

The court encouraged the community to use this opportunity to foster dialogue and resolve conflicts amicably, suggesting that representatives from the villages meet post-celebration to discuss long-term solutions.

Bottom Line:

Religious Freedom - Prohibition of blanket restrictions on the right of residents of Gram Panchayats Dhar Chandna and Bawat to celebrate Diwali in the temple premises of Mahasu Devta situated at Village Gaunkhar.

Statutory provision(s): Articles 13, 25, 26 of the Constitution of India

Padam Sharma v. State of Himachal Pradesh, (Himachal Pradesh) : Law Finder Doc Id # 2796377