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State must provide security to those threatened for holding prayers on private property: HC
The Allahabad High Court on Monday said that the state must ensure that security is provided to persons facing threats for congregating to hold prayers at private properties in Uttar Pradesh, Bar and Bench reported.
A bench of Justices Atul Sreedharan and Siddharth Nandan added that Article 25 of the Constitution, which guarantees the fundamental right to freedom of religion, protects the right to congregate for worship for every religious group, Live Law reported.
However, the provision does not accord protection to the incitement of one faith by another in the garb of prayer, it added.
The bench added that there can be no impediment or embargo on prayers or religious functions being conducted within the private premises of a person, irrespective of their faith.
The court made the observations in a case pertaining to the decision of the administration in Uttar Pradesh to restrict the number of persons offering namaz during the Islamic holy month of Ramzan at a mosque in Sambhal district.
A petition had been filed in the court by a person alleging that he was being prevented from conducting prayers during Ramzan at a plot where he claimed the mosque existed.
On February 27, the bench rejected the administration’s decision to restrict the number of persons praying at the site. It had added that the officials should either resign or seek a transfer if they are unable to enforce the rule of law.
While disposing of the petition on Monday, the bench said: “Any objection taken by any person (individual or group) against prayers being conducted in a private space, should be taken cognisance of by the state and if need be, protection be accorded to the place of worship and the worshipers”.
The court also said that the explanation of Article 25 by the court “is not to be construed as giving any special status to the adherents of the Islamic faith in India”, Bar and Bench reported.
The bench noted that it had only laid down that Article 25 ensured every religion in India an “equal and immutable right” to profess, practice and propagate their faith equally across the board without any “ifs and buts”. This is subject only to public order, morality and health, the bench added.
However, the law prohibits actions and speech having the propensity to vitiate public order by pitting one religious denomination against the other, the court said, adding that this would be beyond the scope of protection under Article 25 and will expose the person to the full rigours of the criminal law.
The court also said that congregating for prayer is a facet of the Abrahamic faiths, the legal news portal reported.
Article 25 is religion and faith neutral, adding that the freedom of conscience protects and enables equally an atheist to profess, practice and propagate that there is no God on the anvil of logic, reason and science, Bar and Bench reported the court as having said.
The court directed that its order be sent to the Uttar Pradesh police chief and additional chief secretary (home) for it to be circulated to the authorities in the state, the legal news portal reported.
Also read: Allahabad HC orders protection for Muslim man stopped from offering namaz on private property
Source: Scroll
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