The right to religious freedom enshrined in the Constitution is "subject to public order, morality and health" and does not include raising unauthorised constructions on public land, the Allahabad High Court has held.
In an order dated October 25, a division bench comprising Justice Sunil Ambwani and Justice Bharat Bhushan also disapproved of the Uttar Pradesh government's proposal to "regularise" more than 40,000 constructions of religious nature made on public land.
"We cannot countenance to the stand of the state government that it proposes to regularise 42,381 constructions of religious nature made on public land, without disclosing the area occupied by such constructions, the nature of land, the persons who have raised such constructions and the policy by which these constructions are proposed to be regularised," the court said.
The court made the observations following an affidavit filed by the state's Principal Secretary (Home) wherein it was submitted that there were 46,181 constructions of religious nature on public land across the state prior to 29.09.2009, out of which the state government had removed only 88 constructions, while 47 had been relocated.
It was also submitted in the affidavit that the state government proposed to regularise 42,381 such constructions, but the court remarked "we find it difficult to accept any such policy... The freedom of conscience and free profession, practice and propagation of religions and freedom to manage religious affairs under Articles 25 and 26 of the Constitution is subject to public order, morality and health.
"This freedom does not include raising unauthorised constructions over public land and claiming any protection or any right to regularise them."
Fixing December 2 as the next date of hearing, the court directed the Principal Secretary (Home) to get a detailed survey of all such constructions done and submit a report.
The court also asked the government to frame a policy for reviewing unauthorized constructions "on a case to case basis" as directed by the Supreme Court in an order passed in 2009.
The order was passed in course of hearing on a petition filed by Abdul Kayyum, a resident of Badaun district who had moved the court seeking directions to the local administration for curbing the use of loudspeakers at a temple in his village.
Akhil P.Chhabra
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