Permission for Namaz: Recently a big incident has happened in Bareilly. In fact, the villagers complained that some people were offering mass namaz in an empty house without permission and running a temporary madrassa. After the complaint, the police took 12 people into custody. This has raised a big concern whether one needs government permission to offer Namaz inside one’s home or not. Let us know what the Allahabad High Court said in answer to this question.

What did Allahabad High Court say?

In its decision, Allahabad High Court has made it clear that there is no need for any person or community to take prior permission from the state or local administration to offer Namaz at their private place. The court has said that religious activity carried out peacefully in one’s own home is completely protected under Article 25 of the Constitution of India. This article guarantees freedom of religion.

According to the court, asking citizens to seek permission for namaz meetings held entirely on private property would be against the spirit of the Constitution.

Article 25 and freedom of religion

The High Court laid a lot of emphasis on Article 25. This article gives every citizen the right to believe, practice and propagate religion. The court emphasized that this right is a fundamental right and cannot be curtailed under normal circumstances. As long as religious activity is peaceful and of one’s own free will, the state has no interference in it. Provided that it happens in a private place.

limits of this freedom

While confirming religious freedom, the court also clearly explained its limitations. The court said that this protection applies only when prayers or religious gatherings are held in a completely private place. If such meetings spread in public places, harass neighbors, block roads, cause noise pollution or pose a threat to public order and peace, then the administration has full right to intervene.

Separate rules for public religious gatherings

The High Court has pointed out a big difference between private worship and public religious programs. For any religious gathering, procession or program to be held in public places like road, park or community ground, it is necessary to obtain prior information or permission from the local administration or police. This is necessary so that law and order, traffic management and public safety can be ensured.

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Allahabad High Court has banned any kind of business fair or event being organized in schools of UP. The court clearly said that now no commercial activity will be carried out in schools. Under no circumstances can the importance of a playground be reduced in relation to an educational institution.

The double bench of Allahabad High Court Chief Justice Arun Bhansali and Justice Kshitij Shailendra gave this order while disposing of the petition of Hamirpur petitioner Girja Shankar. This PIL was filed regarding the organization of a business fair in a college in Hamirpur.

Ban on commercial activity in educational institutions

Commenting on the commercial activities taking place in schools and colleges, the court said that educational institutions are meant only for providing education, the land and buildings of such institutions which also have playgrounds cannot be used under any name or for any commercial activity.

Court gave instructions to the state government

While hearing the PIL, the court ordered that the infrastructure of educational institutions should be used only for educational activities and related activities. The court directed the UP government to issue a clear and unambiguous circular in this regard.

In this circular, the district administration, police administration and educational institutions of all levels have been asked to take action as per the instructions given by the court within one month from the date of receipt of the copy of this order.

The court has said in strong words that there is no law which allows commercial use of the property of an educational institution imparting primary, secondary or higher education. The infrastructural facilities of educational institutions should be used for sports, cultural activities, debate competitions etc. and not for other purposes.

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