Freedom of religion can’t override public order, societal norms: Patna HC

In a landmark ruling, the Patna High Court has asserted that the constitutional right to religious freedom is not absolute and must be exercised in harmony with public order and societal norms. Justice Alok Kumar dismissed a writ petition, emphasizing that a religious procession, even by a Hindu sect, should not compromise public health, safety, and tranquility, particularly in residential areas.The court highlighted that secularism is a fundamental aspect of the Indian Constitution, and the right to religious freedom should be subject to reasonable restrictions.

The petition sought permission for a religious procession, the "Mahabiri Julus," involving 300 individuals, conducted yearly in Hathuara village, Siwan district. However, the state government argued that past processions had led to public nuisance, such as the burning of a public vehicle.The court acknowledged the Supreme Court's decision in the Dr M Ismail Faruqui case, which recognized religious practices as a fundamental right.

Yet, it underscored that the location of such practices is distinct from the right to practice itself. Legal experts noted that this judgment underscores the delicate balance between religious freedom and the broader responsibilities of civic life, especially in residential settings.