Allahabad High Court says if protection is required during such gatherings, state authorities are free to take individual decisions
NEW DELHI – Defending the constitutional right to religious freedom, the Allahabad High Court has ruled that no permission is needed to organise any prayer meeting in private premises, which include residences and workplaces owned by the organiser. This is true for all religions, the court said. However, if the prayer is extended to public roads or any public property, the organisers are required to inform the police and obtain prior permission.
In its order dated January 27, the high court said that if protection is required during such gatherings, state authorities are free to decide the manner in which it should be provided.
The court was hearing petitions filed by two Christian organisations, Maranatha Full Gospel Ministries and Emmanuel Grace Charitable Trust, seeking permission to conduct prayer meetings inside their private premises. The organisations had approached the court after authorities did not respond to their representations for the same.
Based on the Uttar Pradesh government’s submission that there was no legal requirement to seek permission for holding prayers within private property, a division bench of Justice Atul Sreedharan and Justice Siddharth Nandan disposed of the petitions, saying there is no legal obligation to get permission for such private gatherings.
The court noted that the state government had clearly stated there was no prohibition on conducting religious prayer meetings inside private premises. It also recorded the government’s assurance that equal protection of the law is provided to all citizens without discrimination based on religion or any other factor.
According to the ruling as reported in the media on Tuesday, the court observed: “There is no prohibition on the petitioner to conduct a religious prayer meeting within his private premises. Equal protection of the law is accorded by instrumentalities of the state to all citizens across the state without discrimination concerning religion or any other consideration.”
The bench further said that seeking permission for such prayer meetings is not required under law, as it falls within the scope of Article 25 of the Constitution, which guarantees freedom of religion to all citizens.
The petitioners, however, got relief from the court as it accepted the submission that the petitioners only intended to organise religious worship within their own premises and held that they are free to do so according to their convenience, without the need for any approval from the state.
