Court Dismisses Petition, Citing Need for Public Order and Societal Harmony
In a significant ruling, the Patna High Court has upheld the restrictions imposed by the State of Bihar on the religious procession by Akhara No.1 in Hathaura village, Siwan district. The court dismissed the writ petition filed by Bhadai Chaudhary, a devotee of Akhara No.1, seeking a directive for the state to allow the procession through its traditional route with participation of 300 devotees.
The judgment, delivered by Justice Alok Kumar, emphasized that while the Constitution of India guarantees the right to practice and profess one's religion under Articles 19(1)(b) and 25, these rights are not absolute. They must harmonize with public order, morality, and health, allowing the State to impose reasonable restrictions to maintain societal balance.
The petitioner argued that the restriction on the number of participants and alteration of the traditional route infringed upon their fundamental rights. However, the State contended that the limitations were necessary due to previous incidents where large gatherings led to disturbances, including setting fire to a government vehicle and stone-pelting at police personnel.
Citing previous Supreme Court judgments, the High Court reiterated that religious rights do not extend to actions that disrupt public peace or harm societal norms. The court noted that secularism is a cornerstone of the Constitution, requiring equal respect for all religions while ensuring public order.
The court found the petitioner's fear of future restrictions unfounded, as any such measures would depend on the law and order situation at the time of the event. Consequently, the court dismissed the petition, affirming the State's authority to regulate religious activities to preserve public tranquility.
Bottom Line:
Right to profess and practice religion, including taking out religious processions, is protected under Articles 19(1)(b) and 25 of the Constitution of India, but such rights are not absolute and are subject to reasonable restrictions in the interest of public order, morality, and health.
Statutory provision(s): Articles 19(1)(b), 25, and 26 of the Constitution of India
Bhadai Chaudhary v. State of Bihar, (Patna) : Law Finder Doc id # 2963726
