Balancing Religious Freedom and Public Order: High Court Upholds State’s Role as Neutral Arbiter
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The Bombay High Court recently reaffirmed that the fundamental right to manifest religion is subject to reasonable restrictions for maintaining public order. The ruling emphasizes the state's authority to regulate processions in sensitive areas to ensure communal harmony and collective safety.
The Bombay High Court recently delivered a significant judgment reinforcing the principle that fundamental rights, including the right to practice and manifest religion, are not absolute. The court upheld the state’s authority to regulate or ban religious processions in areas deemed 'sensitive,' prioritizing public order and communal harmony over individual or group religious expressions.
Under the Indian Constitution, Articles 25 and 26 grant the right to freedom of religion and the right to manage religious affairs. However, these rights are explicitly subject to 'public order, morality, and health.' The High Court noted that while the right to take out a procession is a part of the right to manifest religion, it must be balanced against the collective right to safety and peace. The state, acting as a neutral arbiter, possesses the executive discretion to impose reasonable restrictions when there is a credible threat to the socio-political fabric of a region.
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