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Constitutional Law

Right to Construct Temple under Articles 25 & 26

 17-Aug-2023

Source: Allahabad High Court

Why in News?

A bench of Justices Salil Kumar Rai and Surendra Singh-I observed that the right of the petitioner to construct a Temple on his private property is protected by Articles 25 and 26 of the Constitution of India, 1950.

  • The Allahabad High Court gave the observation in the matter of Acharya Pramod Krishanan Ji Maharaj v. State of UP and Ors.

Background

  • The petitioner a Hindu saint, purchased certain properties in a village in Sambal District, Uttar Pradesh to construct Kalki Dham Temple.
  • A representation was made by National President of Muslim Kisan Union that the foundation laying ceremony of the Temple would be opposed by the Muslim community.
  • On apprehending the breach of peace due to clashes in two communities, Deputy District Magistrate restrained the petitioner to lay foundation vide his order in November 2016.
    • Later, the District Magistrate dismissed his plea in October 2017.
  • Petitioner filed the present writ petition to quash the order of 2017.
  • The counsel for the petitioner argued that the petitioner had the right to construct Temples on his plots and the said right of the petitioner is protected by Articles 25 and 26 of the Constitution of India, 1950.

Court’s Observation

  • The Court observed there is nothing on record to show that any substantial section of the Muslim community opposed to the construction of Temple.
  • The Allahabad High Court further stated that mere construction of a Temple by any person on his private property cannot offend the religious sensibilities of any other community.

Article 25 of the Constitution of India, 1950

  • Article 25 affirms (subject to public order, morality and health) that:
    • All persons are equally entitled to freedom of conscience.
    • The right freely to profess, practice and propagate religion.
  • It further states that nothing in this article shall affect the operation of any existing law or prevent the State from making any law relating to:
    • Regulation or restriction of any economic, financial, political, or any secular activity associated with religious practice.
    • Providing social welfare and reform.
    • Opening of Hindu religious institutions of public character for all the classes and sections of the Hindus.

Article 26 of the Constitution of India, 1950

  • Article 26 affirms the right to freedom to manage religious affairs.
  • The article further provides that subject to public order, morality and health, every religious denomination or any section thereof shall have the following rights:
    • to establish and maintain institutions for religious and charitable purposes;
    • to manage its own affairs in matters of religion;
    • to own and acquire movable and immovable property; and
    • to administer such property in accordance with law

Constitutional Provisions Related to Freedom of Religion

    • Article 25: It affirms the freedom of conscience and free profession, practice and propagation of religion.
    • Article 26: It guarantees freedom to manage religious affairs.
    • Article 27: It gives freedom as to payment of taxes for promotion of any particular religion.
    • Article 28: It guarantees freedom as to attendance at religious instruction or religious worship in certain educational institutions.

Regulatory Body

Supreme Court Releases Gender-Just Handbook for Judges

 17-Aug-2023

Source: Times of India

Why in News?

  • The Chief Justice of India (CJI) D.Y. Chandrachud released Handbook on combating gender stereotypes. In this handbook, the Supreme Court (SC) has identified a list of prejudicial terms that promote harmful gender stereotypes, particularly about women.

Background

  • CJI revealed on the Women’s Day (8th March) celebration earlier in 2023 that SC plans to release a legal glossary of inappropriate gendered terms used in legal discourse that has been in the works for several years (conceptualized during the COVID times).
  • The Court advised against the use of stereotype terminology owing to the antiquated notions that they represent.
  • The Court further suggested alternative words or phrases which may be used by Lawyers while drafting pleadings and by Judges and Judicial Officers.
  • Words or phrases that the court has criticized are those imputations that reflect upon one or more aspects of the character of an individual.

Aim of the Handbook

  • It identifies common stereotypes about women, many of which have been utilized by courts in the past.
  • The Handbook on Combating Gender Stereotypes aims to assist Judges and the legal community in identifying, understanding and combating stereotypes about women.
  • Stereotype language and its replacement:

NOTE: The Code of Civil Procedure, 1908 (CPC) previously referred a person without financial means as a pauper, recognizing that language conveys about its subject and that it can either recognize or diminish the dignity of such persons, the statute was amended, and the word pauper was replaced with the word indigent.

Gender Equality and Sustainable Development Goals (SDGs)

  • On 25 September 2015, the 193 countries of the United Nations General Assembly (UNGA) adopted the 2030 Development Agenda titled Transforming our world: the 2030 Agenda for Sustainable Development.
  • SDG 5 is concerned with the principle of Gender Equality.
    • SDGs or Global Goals are a collection of seventeen interlinked objectives designed to serve as a "shared blueprint for peace and prosperity for people and the planet, now and into the future.
  • Goal 5 aims at:
    • 5.1 End all forms of discrimination against all women and girls everywhere.
    • 5.2 Eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation.
    • 5.3 Eliminate all harmful practices, such as child, early and forced marriage and female genital mutilation.
    • 5.4 Recognize and value unpaid care and domestic work through the provision of public services, infrastructure and social protection policies and the promotion of shared responsibility within the household and the family as nationally appropriate.
    • 5.5 Ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic and public life.
    • 5.6 Ensure universal access to sexual and reproductive health and reproductive rights as agreed in accordance with the Programmed of Action of the International Conference on Population and Development and the Beijing Platform for Action and the outcome documents of their review conferences.
    • 5.A Undertake reforms to give women equal rights to economic resources, as well as access to ownership and control over land and other forms of property, financial services, inheritance and natural resources, in accordance with national laws.
    • 5.B Enhance the use of enabling technology, in particular information and communications technology, to promote the empowerment of women.
    • 5.C Adopt and strengthen sound policies and enforceable legislation for the promotion of gender equality and the empowerment of all women and girls at all levels.

Stereotypes and Reality

  • A stereotype is defined as “a set idea that people have about what someone or something is like, especially an idea that is wrong.”
  • They are assumptions or beliefs that individuals belonging to specific social groups have certain characteristics or traits.
  • The difference between them can be understood from the following pictographical representation.