Right to freedom of religion subject to public order, says Madurai Bench of Madras High Court

MADURAI: Observing that the right to freedom of religion is always subject to public order, the Madurai Bench of Madras High Court recently dismissed a petition filed by a pastor six years ago challenging the order passed by Tirunelveli collector against the construction of a church within 100m from three temples in a hamlet in Kalakkad.

Justice R Vijayakumar noted that the collector had rejected the request based on a report submitted by the superintendent of police that it might create law and order problems in the village, which was then inhabited by nearly 180 Hindu families and 10 Christian families.

The judge observed that the petitioner had begun constructing the church in 2010 without obtaining approval from the collector, which is mandatory under Rule 4(3) of the Tamil Nadu Panchayat Building Rules.

Only after the construction was stopped by the authorities due to objections raised by the public did the petitioner approach the collector, who rejected the requests in 2012 and then in 2015, the judge noted.

Referring to Article 25 of the Constitution, which says that the right to freedom of conscience and free profession, practice or propagation of religion is always subject to public order, morality and health and to the other provisions of part three of the Constitution, the judge observed, “The right to freedom of religion expressed by way of the congregation in a Church is always subject to public order and the said constitutional rider is incorporated in Rule 4(3) of the Tamil Nadu Panchayat Building Rules,” and upheld the collector’s order.