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New Delhi: A recent decision of the Allahabad High Court regarding religious freedom in Uttar Pradesh has sparked an important debate. The court has clearly said that no person or community is required to take prior permission from the state government or local administration to organize a religious prayer meeting in its private premises. According to the court, this right is part of the fundamental rights under Article 25 of the Indian Constitution. If religious activity is entirely peaceful and within the limits of private property, an administrative ban on it would be considered contrary to the spirit of the Constitution.
The High Court said in its decision that every citizen has the freedom to believe, practice and propagate his religion. This freedom should not just be implemented on paper but should be implemented practically. The court held that if a prayer meeting held in a private premise does not cause any kind of public disturbance, then it cannot be banned.
The court clarified that this exemption is limited to personal property only. If the religious event is taking place inside a house, private building or private land and its impact does not extend outside, then only this right will be fully applicable. As soon as the impact of the event reaches the public sector, the administration will have the right to intervene.
The court also said that if a prayer meeting creates noise, crowds, traffic obstruction, or law and order problem, the administration can take action. The court acknowledged that there are some responsibilities associated with fundamental rights, which cannot be ignored.
The High Court made it clear that the rules for holding religious gatherings, events, or processions in public places are different. It will be necessary to inform the administration or police before such events. It is the responsibility of the administration to maintain law and order in public places; hence, permission and monitoring will be considered necessary there.
This decision came on a petition in which the administration had raised objection to holding a prayer meeting in a private premise. The petitioner said that banning peaceful religious activity in private property is a violation of his fundamental rights. Accepting this argument, the court declared administrative interference wrong.
Through this decision, the court has indicated that the administration will have to understand its limits. Unnecessary interference in private life and private property is not in accordance with the Constitution. Religious activities cannot be banned merely on the basis of apprehension or conjecture.
Legal experts believe that this decision will set a strong precedent in matters related to religious freedom in the future. This would make it clear that the Constitution gives complete freedom to citizens to practice their religion at a personal level, provided it does not affect public peace and order.