Can Ramlila, Durga Puja and religious functions be held in parks, public places or Government-owned land in a secular countryIJ Pondering over this question, a Bench of the Supreme Court on Friday directed the issue for consideration by a Constitution Bench considering the constitutional implications involved.
The matter travelled to the Court from the National Green Tribunal (NGT) which refused permission for holding a “Mata ki Chowki”, a kind of religious function, in a park at lajwanti Garden near Jahangirpuri in Delhi.
The South Delhi Municipal Corporation had earlier rejected permission to the organisers — Jyoti Jagran Manch following which they approached the NGT.
Before the tribunal, the organisers said in matters of organising religious functions, there cannot be any discrimination. It pointed out that a year ago, the NGT allowed Ramlila and Durga Puja functions to be held in the same park. However, in May 2018 their plea was rejected.
On Friday, the petition came before a Bench of Justices RF Nariman and Indu Malhotra in the Supreme Court. The Bench felt there was no need to interfere with the tribunal’s order. According to the judges, these functions ought to be held in private spaces and cannot occupy public space.
The Bench said, “This matter involves important constitutional questions. In a secular country, how can religious functions be conducted on public places.” This is perhaps the first time, the court will consider the issue which involves conflicting fundamental rights. While the organisers claimed that holding of religious function is part of their right to practice religion under Article 25 and 26, there is a contesting right of citizens who feel their right to live peacefully and right to access is affected under Article 21.
The matter has been referred to a Constitution Bench to be constituted by CJI. A minimum of five judges will hear the matter to determine this question.