Freedom of religion can’t override public order, societal norms: Patna HC
The Patna High Court ruled that religious freedom is not absolute and must be balanced against public order, health, and safety. The court dismissed a petition for a religious procession, citing previous instances of public nuisance and violence.
Why it matters
It clarifies the legal boundaries between individual religious rights and the state's duty to maintain public order in India.
PATNA: The Patna high court, in a significant verdict, has ruled that the fundamental right to religious freedom guaranteed by the Constitution is not absolute and cannot override public law and order. The court said such right must be exercised in harmony with the rights of other people and societal norms.A single bench of justice Alok Kumar dismissed a writ petition filed by Bhadai Chaudhary on behalf of an “akhara” (monastery of a Hindu sect), holding that the state govt should give primacy to public health, safety and tranquility while granting permission for any religious procession (julus), particularly in a residential area.
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