The Patna High Court has said that the right to profess and practise religion is not absolute and can be subject to reasonable restrictions in the interest of public order and societal norms. The court made the observation while dismissing a plea that sought permission for 300 devotees to take part in an annual religious procession in Bihar's Siwan.

The court said the freedom to take out religious processions is protected under the Constitution, but it must be balanced with the need to maintain public tranquillity. It also held that concerns over any future restriction on the number of devotees could not be decided on a hypothetical basis.

The petitioner had sought a direction to the authorities to allow the annual procession by a local Akhara, organised on the 11th day of Bhadrapad Krishna Paksha according to the Hindu calendar, to proceed on its traditional route with at least 300 devotees. The plea said the permitted number of people had been reduced from 200 in 2012 and 2013 to 150 in 2014, 100 in 2015 and eventually to five in 2023 and thereafter. It also objected to a change in the traditional route.

The petitioner argued that the restrictions violated the devotees' fundamental rights under Article 25 and said the traditional route had never been the subject of any complaint of breach of peace. The state, which was a respondent in the case, told the court that the restrictions had been imposed as a security measure to maintain law and order.

The state said that although the sanctioned strength was five, between 2015 and 2022 the actual participation in the procession had ranged from 1,700 to 2,000 people. It also told the court that during the 2024 procession, the crowd had set fire to a government vehicle belonging to a Block Development Officer and pelted stones at police personnel. According to the state, the restrictions were "not discriminatory but a considered, security-driven measure" based on police verification.

In its judgment dated August 20, the bench of Justice Alok Kumar said that while the right to profess and practise religion, including taking out religious processions, is protected under Article 19(1)(b) and Article 25 of the Constitution, "this right is not absolute". Referring to earlier judgments, the court said, "Articles 25 and 26 guarantee the freedom of religion but are subject to public order, morality, and health constraints."

"As much as there is a need for freedom to practice and profess one's own religion, there is also the necessity of maintaining public tranquillity, particularly in residential areas," the judge said. He added that the Supreme Court has repeatedly held that freedom of religion is not unfettered and must be harmonised with the rights of others and "societal norms". The court also observed, "The constitutional protection extends only to what is essential and integral to the religious practice, not to every mode or manner of its exercise."

On the petitioner's concern that the number of devotees would continue to be restricted to five, Justice Kumar said the apprehension was premature. "Such restrictions, if any, would depend on the prevailing law and order situation of the locality at the time permission is actually sought, and cannot be adjudicated upon on the basis of a hypothetical future contingency," he said. The court then dismissed the plea, reiterating that religious freedom is protected but remains subject to public order considerations.

Source: India Today