HIGH COURT CHANDIGARH PETITION AGAINST RELIGIOUS INSTITUTIONS

The Punjab and Haryana high court has made it clear that the imposition of restrictions on opening of religious institutions constitutes “paternalistic act” and such restrictions are in collective interest of the society. The high court also made it clear that the right to freedom  of religion is subject to public order, morality and public health. “It is an extraordinary situation. In order to safeguard the health of the society, restrictions have been imposed by closing down all the places of worship for public including holding of religious gatherings.

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FACTS:                                                                                 

The Punjab and Haryana high court has held that there is no violation of fundamental rights in keeping religious places closed due to the covid-19 outbreak. “Freedom to religion is subject to public order, morality and public health and there is no violation of religious rights of a community. It is an extraordinary situation. To safeguard the health of the society, restrictions have been imposed by closing down all the places of worship for public,” the bench of justice Rajiv Sharma and justice Ajay Tewari observed while dismissing a public interest litigation (PIL).

Malerkotla resident Mubeen Farooqi had filed the PIL, alleging violation of fundamental rights of a person in keeping the religious places closed and allowing markets etc to open. He had challenged the March 24 guidelines of the Union home ministry, which were relaxed for other purposes from time to time but not for religious places. He had demanded that mosques be allowed to open on Eid and Gurdwaras be allowed to open on May 26 on the martyrdom day of Guru Arjan Dev. The bench further observed that the scope of judicial interference in policy matters is very limited. The policy decision can be challenged only if it is unconstitutional, arbitrary or irrational. But in the case in hand there is no arbitrariness.

“The endeavor of the Union ministry of home affairs is to break the cycle by maintaining social distancing. The right of the state to impose restrictions, as are required or found necessary on the ground of public order, health and morality is inbuilt under Articles 25 and 26 of the Constitution of India,” the bench held, adding that the restrictions are in collective interest of the society at large. Articles 25 and 26 protect religious rights of a citizen, but with certain conditions such as public order, morality and health. The court added that merely because restrictions had been relaxed in certain areas, it could not be a ground to relax the same for religious places of worship. The discretion not to permit opening of all the places of worship for public and prohibiting holding of religious congregations/gatherings has been exercised judiciously, it said.

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LAW/SECTION APPLICABLE:

“My fellow citizens, THERE IS ABSOLUTELY NO NEED TO PANIC. Essential commodities, medicines etc. would be available. Centre and various state governments will work in close coordination to ensure this. Together, we will fight Covid-19 and create a healthier India. Jai Hind!”. As India braced itself for the shutdown, the Ministry of Home Affairs had thereafter released a detailed guideline for the lockdown with a list of services that will remain open and shut during this 21-day period. Here’s a list of what remains open and what remains closed:

What remains suspended?

Government offices, autonomous subordinate offices and public corporations with exceptions Offices of State/UT Governments, their autonomous bodies and corporations with exceptions Commercial and private establishments with exceptions Industrial establishments with exceptions All transport services- air, railway, roadways with exceptions All educational, training research and coaching institutions All places of worship, religious congregations social, political, sports, entertainment, academic, cultural, religious functions

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What will function?

Defense, central armed police forces, treasury, public utilities including petroleum, CNG, LPG, etc., disaster management, power generation, transmission units, post offices, national informatics centre and early warning agencies State bodies including the police, home guards, civil defense, fire and emergency services, disaster management, prisons, district administration & treasury, essential service staff including sanitation and water supply staff in municipal bodies Banks, insurance offices, and ATMs Essential services like electricity, water and sanitation Hospitals and all related public and private medical establishments, including manufacturing and distribution units, such as dispensaries, chemists, labs, clinics, nursing homes, ambulance, etc. Transport for all medical personnel, nurses, paramedical staff, other hospital support Shops providing essential goods such as including ration shops (under PDS), dealing with food, groceries, fruits and vegetables, dairy and milk booths, meat and fish, animal fodder Delivery of food, medicines and medical equipment Print and electronic media Telecommunications, internet services, broadcasting and cable services and IT-enabled services (for essential services) Petrol pumps, LPG, petroleum, gas retail and storage outlets Power generation, transmission and distribution units and services Capital and debt market services as notified by SEBI Cold storage and warehousing services Private security services Manufacturing units of essential commodities. Production units, which require continuous process, after obtaining required permission from the state government Transport of essential goods Transportation for services such as fire, law and order and emergency services Hotels, homestays, lodges and motels accommodating tourists and those stranded due to lockdown, medical and emergency staff, air and sea crew. Establishments used/embarked for quarantine. Not more than 20 persons will be permitted in case of funerals The Ministry further detailed penalties for breaching quarantine and or/breaking the rules of this shutdown which could lead up to one year in jail and fine.

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MY OPINION/VIEWS:

After India’s health ministry repeatedly blamed an Islamic seminary for spreading the corona virus — and governing party officials spoke of “human bombs” and “corona jihad” — a spree of anti-Muslim attacks has broken out across the country.

Young Muslim men who were passing out food to the poor were assaulted with cricket bats. Other Muslims have been beaten up, nearly lynched, run out of their neighborhoods or attacked in mosques, branded as virus spreaders. In Punjab State, loudspeakers at Sikh temples broadcast messages telling people not to buy milk from Muslim dairy farmers because it was infected with corona virus.

Hateful messages have bloomed online. And a wave of apparently fake videos has popped up telling Muslims not to wear masks, not to practice social distancing, not to worry about the virus at all, as if the makers of the videos wanted Muslims to get sick.

In a global pandemic, there is always the hunt for blame. President Trump has done it, insisting for a time on calling the corona virus a “Chinese virus.’’ All over the world people are pointing fingers, driven by their fears and anxieties to go after the other.

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CONCLUSION:

“The endeavor of the Union ministry of home affairs is to break the cycle by maintaining social distancing. The right of the state to impose restrictions, as are required or found necessary on the ground of public order, health and morality is inbuilt under Articles 25 and 26 of the Constitution of India,” the bench held, adding that the restrictions are in collective interest of the society at large. Articles 25 and 26 protect religious rights of a citizen, but with certain conditions such as public order, morality and health. The court added that merely because restrictions had been relaxed in certain areas, it could not be a ground to relax the same for religious places of worship. The discretion not to permit opening of all the places of worship for public and prohibiting holding of religious congregations/gatherings has been exercised judiciously, it said.

For case specific advice, please contact best top expert Punjab Haryana High Court Chandigarh Lawyer Advocate in Panchkula Zirakpur Derabassi Mullanpur etc.

This post is written by Vishishta Mishra. More on 99888-17966.