Patna High Court limits religious freedom when public order is at stake

In a notable decision, the Patna High Court held that the fundamental right to religious freedom is not absolute and must yield to considerations of public order and societal norms. Justice Alok Kumar, sitting alone, rejected a petition by Bhadai Chaudhary representing a Hindu akhara that requested state approval for a 300-person Mahabiri Julus in the residential locality of Hathuara village, Siwan district. The court stressed that secularism, as a basic structure of the Constitution, requires religious practices to conform to reasonable restrictions aimed at protecting public health, safety and tranquility.

It referenced the Supreme Court’s Dr M Ismail Faruqui ruling, which distinguishes protected worship from the location where it occurs. The state’s counter-affidavit cited previous processions that resulted in a public vehicle being set ablaze and caused nuisance, reinforcing the need for restrictions. Legal analysts noted the judgment underscores the necessity of balancing religious expression with the rights of other citizens, particularly in densely populated areas.