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