Urkund Report - CONSTI FINAL - Docx (D54708686)

URKUND
Urkund Analysis Result

Analysed Document: CONSTI FINAL.docx (D54708686)
Submitted: 8/5/2019 8:10:00 PM
Submitted By: hrishikeshjaiswal.ug@nliu.ac.in
Significance: 85 %
Sources included in the report:
http://journal.lawmantra.co.in/wp-content/uploads/2016/02/13.pdf
Instances where selected sources appear:
15
URKUND CONSTI FINAL.docx (D54708686)
National Law Institute University, Bhopal
In the partial fulfillment for the requirement of the project on the subject of Constitutional
Law of B.A., L.L.B (Hons.), Third Trimester. Submitted on __thMarch 2019
RIGHT TO CONDUCT A RELIGIOUS PROCESSION
Submitted to: Ms Kuldeep Kaur{Faculty for Constitutional Law} Submitted by : Hrishikesh

Jaiswal (2018BALLB126)
TABLE OF CONTENTS
• CERTIFICATE...............................................................................................3 • PREFACE……………………
……………………………………… ……..4
• ACKNOWLEDGEMENT...............................................................................5
• INTRODUCTION...........................................................................................7
• RESEARCH METHODOLOGY…………………… …………….……...10
• FREEDOM OF RELIGION...........................................................................11
• RIGHT TO REIGIOUS PROSESSION AND THE CONSTITUTION OF INDIA
• SECULARISM ,LAW AND ORDER AND RIGHT TO RELIGION……...
• CONCLUSION………………………………………………………………12
• BIBLIOGRAPHY…………………………………………………………....16
CERTIFICATE
This is to certify that the research project titled “RIGHT TO CONDUCT A RELIGIOUS
PROCESSION ” has been prepared by Hrishikesh Jaiswal, who is currently pursuing B.AL.L.B
(HONS) at National Law Institute University ,Bhopal in fulfillment of Constitutional Law 1
course Date ___________________ Signature of student ___________________ Signature of faculty
____________________
PREFACE
I feel great pleasure in presenting the project under study. I hope that the readers will find the
project interesting and that the project in its present from shall be well received by all. The
project contains a detailed study of “RIGHT TO CONDUCT A RELIGIOUS PROCESSION”.
Every effort is made to keep the project error free. I would gratefully acknowledge any
suggestions to improve the project to make it more useful.
ACKNOWLEDGEMENT
2
On completion of this Project it is my present privilege to acknowledge my profound gratitude

and indebtedness towards many people for their valuable suggestions and constructive
criticism. Their precious guidance and unrelenting support kept me on the right track
throughout the project. I gratefully acknowledge my deepest sense of gratitude to: Prof. (Dr.)
V Vijayakumar , Director, National Law Institute University, Bhopal for providing us with the
infrastructure and the means to make this project;
Our Constitutional Law teacher MS Kuldeep Kaur, who provided me this wonderful
opportunity and guided me throughout the project work.
I would also like to thank my batch mates and seniors for their constant help and guidance
which helped me in completing this project.
I’m also thankful to the library and computer staffs of the University for helping us find and
select books from the University library.Finally, I’m thankful to my family members and friends
for the affection and encouragement with which doing this project became a pleasure.
HRISHIKESH JAISWAL(2018BALLB126)
0: http://journal.lawmantra.co.in/wp-content/uploads/2016/02/13.pdf 99%
INTRODUCTION
Constitutionally,
India is a secular country and has no State religion.
India's
own concept of secularism had been fully established through judicial decisions and state
practice - the preamble to the Constitution was amended by the Constitution (Forty-second
Amendment) Act 1976
to include the word 'secular' along with 'socialist', to declare
India to be a 'Sovereign Socialist Secular Democratic Republic'.
The
Constitution of India contains in its Chapter on
Fundamental Rights several provisions that emphasize complete legal equality of its citizens
irrespective of their religion and creed and prohibit any kind of religion-based discrimination
between them.
Religious freedom as an individual's right is guaranteed by the Constitution to 'all persons'
3
in Article 25(1), Article 27 and Article 28. Thus, the Right to Freedom of religion forms a very
important Fundamental right of our country and aims at maintaining the principle of
secularism in India. Indian constitution firmly states that all religions are equal before the law
and no religion shall be favoured over the other.
The Fundamental Right to religious freedom cannot be enjoyed in an absolutely unrestricted

way. There are limitations
within which
these rights can but exercised,
as also lawful restrictions which can be imposed by the State.
The Jatindra Narain Commission's Report, published recently, on the Jamshedpur riots which
erupted on April 11, 1979, on the occasion of the Ram Navami festival, raises questions about
the citizen's right to go in a procession over a public road. These questions were also raised
in Justice D.P. Madon's Report on the Bhiwandi riots which broke out in May 1970 during the
Shiv Jayanti festival. The central issue in both cases was
conflict between the two groups.
The Constitution - Art 19(1) (b) - protects the citizen's fundamental right "to assemble
peaceably and without arms". The right is subject to '"reasonable restrictions" being
imposed
by the State "
in the interests; of the sovereignty and integrity of India
or, public order".
Under S 144 of the Criminal Procedure Code, processions can be banned if the District
Magistrate feels that "immediate prevention or speedy remedy is desirable" and it is
necessary to impose the ban to prevent "a disturbance of the public tranquility, or a riot, or
an affray". The Supreme Court upheld the con- situational validity of Section 144 in Babulal
Parate vs State of Maharashtra 1 1 in 1960 and in Madhu Limaye's case in 1970. That was a
case where two rival trade unions clashed.
In Mohammad Siddiqui vs State Of U.P. And Anr 2 2.
Qazi Mohammad Siddiq has filed an application against the State of Uttar Pradesh and the
District Magistrate of Lucknow, under Article 226 of
the Constitution that the applicant applied for the taking out of a religious procession, Madhe
Saheba.
4
The magistrate dismissed the application because of fear of breach of peace and conflict
based on religion.
Lord Justice Scarman, who inquired into the Red Lion Square disorders of June 15, 1974,
stated the law in the most explicit terms: "There is a conflict of interest between those who
seek to use the streets for the purpose of passage and those who seek to use them for the
purpose of demonstration. English law recognises as paramount the right of passage; a
demonstration which obstructs passage along the highway is unlawful. The paramount right
of passage is, however, subject to the reasonable use of the highway by others. A procession,
therefore, which allows room for others to go on their way, is lawful; but it is open to
question whether a public meeting held on a highway could be lawful, for it is not in any way
incidental to the exercise of the right of passage. 3 "
India today faces many crucial problems. On the one hand, the executive is not terribly
sensitive about the citizen's rights. On the other, riots have broken out because of certain
kinds of processions. He referred to Article 19(1) (b) and said "The people must have a right
to voice their dissatisfaction or publicly demonstrate their grievances, particularly when it
appears that at times even reasonable demands have not been granted unless there were
public demonstrations".
FREEDOM
OF RELIGION
Freedom of religion in India is a fundamental right guaranteed by
the country's constitution 4
which is based on article 25 of Indian Constitution. Modern India came into existence in 1947
as a secular nation and the Indian constitution's preamble states that India is a secular state.
Every citizen of India has a right to practice and promote their religion peacefully.
However, there have been
a number of
incidents of religious intolerance that resulted in riots and violence.
These incidents have been condemned by the governmental administrations, private

businesses, and judicial systems.
Religious liberty
5
includes
the right to change one's religion or belief
without
coercion. This is a controversial point in many Muslim countries, where conversion from
Islam to another religion is illegal. 5
Freedom of religion does not require that the state be secular. A state "may declare an
official religion," the USCIRF report explains, "provided that basic rights, including the
individual
right to freedom of thought, conscience, and religion or belief,
are respected for all without discrimination." If jobs or government benefits are denied to the
adherents of a particular belief, then religious liberty has been violated. 6
Fundamental right to freedom of religion is guaranteed under Articles 25, 26, 27 and 28 of
Part III of the Indian Constitution. It is religious freedom in the background of a secular state.
The Supreme Court of India has explained the secular character of the Indian Constitution
thus:-
Secularism is neither anti-God nor pro-God, it treats alike the devout, the antagonistic and
the atheist.
It
eliminates God from the matters of the state and ensures that no one shall be discriminated
against on the ground of religion” 7
In St. Xavier’s College v State of Gujarat 8 Court held that - the state is neither pro-God nor
anti-God and treats the devout, agnostic and atheist alike and sees all religions equally. No
person would be discriminated on grounds of religion. No religion would be favoured over
another. Article 14 and 15 holds every religion equal before the eyes of the law and prohibits
discrimination on grounds
of religion. The Indian society has nurtured different cultures from times immemorial and
has been home to majority of the world religions and having such a historical lineage, the
freedom of religion here holds great importance. Though important, it is not an absolute
right and is subject to various restrictions.
RIGHT TO RELIGIOUS PROCESSION AND CONSTITUTION
OF INDIA
6
Religious freedom as an individual's right is guaranteed by the Constitution to 'all persons'
in Article 25(1), Article 27 and Article 28. Thus, the Right to Freedom of religion forms a very
important Fundamental right of our country and aims at maintaining the principle of
secularism in India. Indian constitution firmly states that all religions are equal before the law
and no religion shall be favoured over the other. So citizens of India have right to follow their
religion, conduct religious practise and procession.
In English law, to organise or take part in a procession on a public highway is not necessarily
a nuisance. It is only a nuisance when such a procession constitutes an unreasonable user of
the highway or would naturally result in an obstruction.
The question with regard to the right of taking out a procession was incidentally considered
by Heaton J., both in Virupaxappa v. Sherif Sab 9 and in Venkatesh Appashet v. Abdul Kadir 10
and according to that learned Judge, a man had the right to use the streets as a
thoroughfare, i.e., for
the purpose for which streets were made, but he had no right to pass along a street playing
music. We may point out that the right to play music has nothing to do with the right of
taking out a procession.
The
Fundamental Right to religious freedom cannot be enjoyed in an absolutely unrestricted way.

There are limitations
within which
these rights can but exercised,
as also lawful restrictions which can be imposed by the State.
Chandu Sajan Patil v. Nyahalchand Panamchand 11 ,
the question referred to this Full Bench is whether a civil suit will lie to establish the right of
members of the public to carry a non-
religious procession through the public streets. A suit was filed on behalf of the Hindu
community of Sakur against the Muslim community of the same place for a declaration that
the Hindu community had a right to conduct religious and social processions accompanied
with music along certain public thoroughfares upon which certain Muslim mosques abutted.
In 1938 the Muslims attempted to obstruct a Dasera procession from marching with music
near one of the mosques. The Magistrate issued an order prohibiting the Hindus from
7
carrying out their procession unless they obtained a declaration of their right from a
competent civil Court. The suit was decreed by the trial Court and the decree was confirmed
by the learned Extra Assistant Judge at Ahmednagar.
The
Jatindra Narain Commission's Report, published recently, on the Jamshedpur riots which
erupted on April 11, 1979, on the occasion of the Ram Navami festival, raises questions about
the citizen's right to go in a procession over a public road. These questions were also raised
in Justice D.P. Madon's Report on the Bhiwandi riots which broke out in May 1970 during the
Shiv Jayanti festival. The central issue in both cases was
In Mohammad Siddiqui vs State Of U.P. And Anr 12 .
Qazi Mohammad Siddiq has filed an application against the State of Uttar Pradesh and the
District Magistrate of Lucknow, under Article 226 of the Constitution that the applicant
applied for the taking out of a religious procession, Madhe Saheba.
The magistrate dismissed the application because of fear of breach of peace and conflict
based on religion.
Constitution of India guaranteed right to religion of every citizen of India but sometime this
right arise problem and conflict which have unexpected and cruel result. Indian constitution
give a privilege to Indian citizen to follow their region but there are many cases in India
where a lot of conflict arise during religious procession.
In Neemuch district of Madhya Pradesh during religious procession on the occasion of

hanuman Jayanti some people throw stone on the crowed. According to
police, members of a specified group hurled stones at a religious procession. Soon both sides
engaged in fighting
and 10 people injured. This incident shows that how an act of a person
and group of people during religious procession is harmful to the people as well as to the
society. 13
Indian constitution not infringes any person’s right to religion and conduct a religious
procession. Main reason for the conflict during religious procession is, propagation of
religion. Sometime religious procession by a particular group seems to propagation of their
religion to other group of people.
Another case on religious procession which took place in Khandwa town of Indore on 29th
March 2015. A religious procession was attacked in Khandwa. One police constable was
injured in violence. Police registered 12 cases against alleged perpetrators violence 14 .
8
The right to take out a religious procession on a highway is not a part of the fundamental
right and where breach of peace is apprehended, necessary restrictions can be imposed. 15
SECULARISM, LAW AND ORDER AND RIGHT TO RELIGION
Secularism in India means equal treatment of all religions by the state. According to
Constitution, India not follows any religion or propagates.
With the 42nd Amendment of the Constitution of India enacted in 1976, the Preamble of
Constitution asserted that India is a secular nation. India does not have an official state
religion. The people of India have freedom of religion, and the state treats all individuals as
equal citizens regardless of their religion.
St. Xavier’s College v State of Gujarat 16 is a landmark case for concept of Secularism in which
Court held that - the state is neither pro-God nor anti-God and treats the devout, agnostic
and atheist alike and sees all religions equally. No person would be discriminated on grounds
of religion. No religion would be favoured over another. Article 14 and 15 holds every religion
equal before the eyes of the law and prohibits discrimination on grounds of religion.
Article 25(1), Article 27 and Article 28 guaranteed right to freedom of religion. The concept of
secularism of constitution give assurance to the citizen of India that they are not
discriminated on religious base, they are free to follow their religion, right of religious
practise and procession secure by constitution. So concept of secularism protects the right to
religion and also religious procession which is linked with right to religion.
Police powers, despite the provisions of personal laws, also govern the celebration of
religious festivities in the name of maintaining public order. Even at present, criminal justice
agencies govern the observance of religious actions for all the citizens irrespective of their
affiliations. This occurs because of the long standing conflicts between Hindu and Muslim
communities. Communal riots causing loss of property and life have been common in the
country. The problem usually arises when member of one religion protest against the nature,
time, or route of a religious procession organised by the other group, especially when it pass
through or near their locality. Regulating crowds during such celebrations in order to avoid
communal conflict is an important responsibility for the police. A disturbance during these
celebration cod ignite large scale rioting, since often thousands of people are involved. The
police exercise considerable discretion in handling these situations, since the law provides
little discretion
The narrow lanes and crowded from where these procession pass makes crowd control in
these setting an extremely challenging job. In order to control the physical setting, police
attempt to regulate the time and place where procession can be taken out by making use of
the Police Act 1861 which provides power to manage traffic on public roads....it is through
such a device that police insist on the time and route to be followed by the organizers...to
ensure that the route does not pass through the localities of other communities, especially in
9
front of temples or mosques, and further that police have space for their deployment and
operations. 17
Large communal riots have occurred from such small matters as obstructing a procession,
playing music when passing before a mosque, or shouting abusive or provocative slogans.
Every religious festival is a high strategic event for the police. Not surprisingly, police
deployment is heavy and strategic. The objective is to prevent clashes, and in this role the
police determine how a religion will be celebrated. Thus, in the name of maintaining law and
order, Indian police have been
exercising considerable power and interfering directly in the religious affairs of almost every
community.
The Public Order Act 1986 is an Act which defined a number of offenses related to public
order and safety of public life. The goal of the act was to clearly define such offenses so that
police officers and other members of the law Enforcement community could take steps to
protect public order and to address violence. The Public Order Act 1986 also covers
assemblies and processions, mandating that police be notified before such events and
allowing police to limit such assemblies for safety reasons. The act is structured in a way
which is designed to avoid infringing upon the right to peaceful assembly and free
association, without utterly limiting police powers. Some critics of the Public Order Act 1986
have argued that there have been instances in which these powers have been abused by
overzealous law enforcement and in which legal assemblies have been suppressed.
Public Order Act 1986 also governs action of the public during religious procession. Part 2 of
Public Order Act 1986 deals with processions and assemblies in which
section 11 deal with
advance notice of public procession according to this section a six days notice given to police
before conduct procession, including details of the intended time and route, and giving the
name and address of at least one person proposing to organise it. Section 12 provides power
to police to impose condition on processions to prevent serious public disorder, criminal
damage or damage to the life of public.
According to section 13
of Public Order Act 1986, chief police officer has the power to ban public procession up to
three month for maintain peace in society.
10
CONCLUSION
Constitutionally every citizen has the absolute right to profess any religion of his choice. As
constitution of India was not frame on the religious grounds and customs of any particular
religion and it is secular in its framework. Though right to religion is absolute right but right
to procession and conduct to religious ceremonies by the way of rally, public meetings and
by using high voltage sound system is not absolute right at all. As India is a welfare state,
state possess the responsibility to maintain public tranquillity, peace, and harmony and law
order. Though the rallies which are conducted in the auspicious occasions of Dussehra and
Moharrum or any other procession which is of historical importance are not subject to be
stopped. By either force or law decree unless the organisation organising these procession
took the pre administrative permission. Administration is bound to make the legal framework
for conducting those processions. As India is diverse religiously so a Ram Navmi rally amidst
the highly Muslim populated area can result in turmoil. Similarly a Muslim procession
amids
the highly Muslim populated area can result in turmoil. Similarly a Muslim procession
amidscan give rise to conflict if processed in Hindu majority area so local authority and
administration can decide the framework of those procession and in the process of doing so
can refrain organisation to perform certain acts. So no one can claim that there is
infringement of their fundamental right. So religious procession should be conducted in
vigilance of local authorities with some restriction. It should be kept in mind that rights and
duties are correlatives if some act of yours infringes some ones right to decent life (which has
broad connotation) then your right will be abridged because you have not performed your
duties well hence right comes with some duties because if someone is negligent on part of
his duty then someone’s right is definitely going to be infringed and hence legal restriction by
local administration, judiciary by the way of decree and restriction by provision of section 24
of police act of 1861 is constitutionally correct
can give rise to conflict if processed in Hindu majority area so local authority and
administration can decide the framework of those procession and in the process of doing so
can refrain organisation to perform certain acts. So no one can claim that there is
infringement of their fundamental right. So religious procession should be conducted in
vigilance of local authorities with some restriction. It should be kept in mind that rights and
duties are correlatives if some act of yours infringes some ones right to decent life (which has
broad connotation) then your right will be abridged because you have not performed your
duties well hence right comes with some duties because if someone is negligent on part of
his duty then someone’s right is definitely going to be infringed and hence legal restriction by
local administration, judiciary by the way of decree and restriction by provision of section 24
of police act of 1861 is constitutionally correct
11
BIBLIOGRAPHY
1 AIR 1961 SC 884 2 AIR 1954 All 756 3 A G Noorani Right to March in Processio
4 Article 15 of India Constitution
Thomas Reese, Religious freedom is a fundamental human right, May. 16, 2014
ibid 7 Kirandeep Kaur,
Ambit of Right to Freedom of Religion, February 28, 2012
8 1974 AIR 1389,
9 Ind Cas 494 10 (1918) 20 BOMLR 667 11
AIR 1950 Bom 192 12 http://indiankanoon.org/
13 http://zeenews.india.com/
14 http://timesofindia.indiatimes.com/ 15 Kirandeep Kaur,
16 1974 AIR 1389 17 Gerald James Larson,
Religion and Personal Law in Secular India: A Call to Judgment
Page 1 |NATIONAL LAW INSTITUTE UNIVERSITY ,BHOPAL
12
Hit and source - focused comparison, Side by Side:
Left side: As student entered the text in the submitted document.

Right side: As the text appears in the source.
Instances from: http://journal.lawmantra.co.in/wp-content/uploads/2016/02/13.pdf
1 99% 1: http://journal.lawmantra.co.in/wp-content/
uploads/2016/02/13.pdf 99%
INTRODUCTION
INTRODUCTION Constitutionally, India is a secular country and
Constitutionally, has no State religion. India's own concept of secularism had
been fully established through judicial decisions and state
India is a secular country and has no State religion.
practice - the preamble to the Constitution was amended by the
India's Constitution (Forty-second Amendment) Act 1976 to include the
word 'secular' along with 'socialist', to declare India to be a
own concept of secularism had been fully established through 'Sovereign Socialist Secular Democratic Republic'. The
judicial decisions and state practice - the preamble to the Constitution of India contains in its Chapter on Fundamental
Constitution was amended by the Constitution (Forty-second Rights several provisions that emphasize complete legal equality
Amendment) Act 1976 of its citizens irrespective of their religion and creed and prohibit
any kind of religion-based discrimination between them.
to include the word 'secular' along with 'socialist', to declare Religious freedom as an individual's right is guaranteed by the
Constitution to 'all persons' in Article 25(1), Article 27 and Article
India to be a 'Sovereign Socialist Secular Democratic Republic'.
28. Thus, the Right to Freedom of religion forms a very
The important Fundamental right of our country and aims at
maintaining the principle of secularism in India. Indian
13
Constitution of India contains in its Chapter on constitution firmly states that all religions are equal before the
law and no religion shall be favoured over the other. The
Fundamental Rights several provisions that emphasize complete Fundamental Right to religious freedom cannot be enjoyed in an
legal equality of its citizens absolutely unrestricted way. There are limitations within which
these rights can but exercised, as also lawful restrictions which
irrespective of their religion and creed and prohibit any kind of
can be imposed by the State. The Jatindra Narain Commission's
religion-based discrimination between them.
Report, published recently, on the Jamshedpur riots which
Religious freedom as an individual's right is guaranteed by the erupted on April 11, 1979, on the occasion of the Ram Navami
Constitution to 'all persons' festival, raises questions about the citizen's right to go in a
procession over a public road. These questions were also raised
in Article 25(1), Article 27 and Article 28. Thus, the Right to in Justice D.P. Madon's Report on the Bhiwandi riots which broke
Freedom of religion forms a very important Fundamental right out in May 1970 during the Shiv Jayanti festival. The central issue
of our country and aims at maintaining the principle of in both cases was conflict between the two groups. The
secularism in India. Indian constitution firmly states that all Constitution - Art 19(1) (b) - protects the citizen's fundamental
religions are equal before the law and no religion shall be right "to assemble peaceably and without arms". The right is
favoured over the other. subject to '"reasonable restrictions" being imposed by the State
"in the interests; of the sovereignty and integrity of India or,
The Fundamental Right to religious freedom cannot be enjoyed public order". Under S 144 of the Criminal Procedure Code,
in an absolutely unrestricted way. There are limitations processions can be banned if the District Magistrate feels that
"immediate prevention or speedy remedy is desirable" and it is
within which
necessary to impose the ban to prevent "a disturbance of the
these rights can but exercised, public tranquillity, or a riot, or an affray". The Supreme Court
upheld the constitutional validity of Section 144 in Babulal Parate
as also lawful restrictions which can be imposed by the State. vs State of Maharashtra 1 in 1960 and in Madhu Limaye's case in
1970. That was a case where two rival trade unions clashed. In
The Jatindra Narain Commission's Report, published recently, on
Mohammad Siddiqui vs State Of U.P. And Anr 2 . Qazi
the Jamshedpur riots which erupted on April 11, 1979, on the
Mohammad Siddiq has filed an application against the State of
occasion of the Ram Navami festival, raises questions about the
14
citizen's right to go in a procession over a public road. These Uttar Pradesh and the District Magistrate of Lucknow, under
questions were also raised in Justice D.P. Madon's Report on the Article 226 of ?
Bhiwandi riots which broke out in May 1970 during the Shiv
Jayanti festival. The central issue in both cases was
The Constitution - Art 19(1) (b) - protects the citizen's

fundamental right "to assemble peaceably and without arms".
The right is subject to '"reasonable restrictions" being imposed
by the State "
in the interests; of the sovereignty and integrity of India
or, public order".
Under S 144 of the Criminal Procedure Code, processions can be

banned if the District Magistrate feels that "immediate
prevention or speedy remedy is desirable" and it is necessary to
impose the ban to prevent "a disturbance of the public
tranquility, or a riot, or an affray". The Supreme Court upheld the
con- situational validity of Section 144 in Babulal Parate vs State
of Maharashtra 1 1 in 1960 and in Madhu Limaye's case in 1970.
That was a case where two rival trade unions clashed.
In Mohammad Siddiqui vs State Of U.P. And Anr 2 2.
15
Qazi Mohammad Siddiq has filed an application against the State

of Uttar Pradesh and the District Magistrate of Lucknow, under
Article 226 of
uploads/2016/02/13.pdf 100%
the Constitution that the applicant applied for the taking out of a
religious procession, Madhe Saheba. the Constitution that the applicant applied for the taking out of a
religious procession, Madhe Saheba. The magistrate dismissed
The magistrate dismissed the application because of fear of the application because of fear of breach of peace and conflict
breach of peace and conflict based on religion. based on religion. Lord Justice Scarman, who inquired into the
Red Lion Square disorders of June 15, 1974, stated the law in the
Lord Justice Scarman, who inquired into the Red Lion Square
most explicit terms: "There is a conflict of interest between those
disorders of June 15, 1974, stated the law in the most explicit
who seek to use the streets for the purpose of passage and
terms: "There is a conflict of interest between those who seek to
those who seek to use them for the purpose of demonstration.
use the streets for the purpose of passage and those who seek
English law recognises as paramount the right of passage; a
to use them for the purpose of demonstration. English law
demonstration which obstructs passage along the highway is
recognises as paramount the right of passage; a demonstration
unlawful. The paramount right of passage is, however, subject to
which obstructs passage along the highway is unlawful. The
the reasonable use of the highway by others. A procession,
paramount right of passage is, however, subject to the
therefore, which allows room for others to go on their way, is
reasonable use of the highway by others. A procession,
lawful; but it is open to question whether a public meeting held
therefore, which allows room for others to go on their way, is
on a highway could be lawful, for it is not in any way incidental to
lawful; but it is open to question whether a public meeting held
the exercise of the right of passage. 3 " India today faces many
on a highway could be lawful, for it is not in any way incidental to
crucial problems. On the one hand, the executive is not terribly
the exercise of the right of passage. 3 "
sensitive about the citizen's rights. On the other, riots have
India today faces many crucial problems. On the one hand, the broken out because of certain kinds of processions. He referred
executive is not terribly sensitive about the citizen's rights. On to Article 19(1) (b) and said "The people must have a right to
16
the other, riots have broken out because of certain kinds of voice their dissatisfaction or publicly demonstrate their
processions. He referred to Article 19(1) (b) and said "The people grievances, particularly when it appears that at times even
must have a right to voice their dissatisfaction or publicly reasonable demands have not been granted unless there were
demonstrate their grievances, particularly when it appears that public demonstrations". FREEDOM OF RELIGION
at times even reasonable demands have not been granted
unless there were public demonstrations".
FREEDOM
OF RELIGION
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Freedom of religion in India is a fundamental right guaranteed
by Freedom of religion in India is a fundamental right guaranteed
by the country's constitution 5 which is based on article 25 of
the country's constitution 4 Indian Constitution. Modern India came into existence in 1947 as
a secular nation and the Indian constitution's preamble states
which is based on article 25 of Indian Constitution. Modern India
that India is a secular state. Every citizen of India has a right to
came into existence in 1947 as a secular nation and the Indian
practice and promote their religion peacefully. However, there
constitution's preamble states that India is a secular state.
have been a number of incidents of religious intolerance that
Every citizen of India has a right to practice and promote their resulted in riots and violence. These incidents have been
religion peacefully. condemned by the governmental administrations, private
businesses, and judicial systems. 3
However, there have been
a number of
17
incidents of religious intolerance that resulted in riots and

violence.
These incidents have been condemned by the governmental

administrations, private businesses, and judicial systems.
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Religious liberty
Religious liberty includes the right to change one's religion or
includes belief without coercion. This is a controversial point in many
Muslim countries, where conversion from Islam to another
the right to change one's religion or belief
religion is illegal. 6 Freedom of religion does not require that the
without state be secular. A state "may declare an official religion," the
USCIRF report explains, "provided that basic rights, including the
coercion. This is a controversial point in many Muslim countries, individual right to freedom of thought, conscience, and religion
where conversion from Islam to another religion is illegal. 5 or belief, are respected for all without discrimination." If jobs or
government benefits are denied to the adherents of a particular
Freedom of religion does not require that the state be secular. A belief, then religious liberty has been violated. 7 Fundamental
state "may declare an official religion," the USCIRF report right to freedom of religion is guaranteed under Articles 25, 26,
explains, "provided that basic rights, including the individual 27 and 28 of Part III of the Indian Constitution. It is religious
freedom in the background of a secular state. The Supreme
right to freedom of thought, conscience, and religion or belief,
Court of India has explained the secular character of the Indian
are respected for all without discrimination." If jobs or Constitution thus:- “Secularism is neither anti-God nor pro-God,
government benefits are denied to the adherents of a particular it treats alike the devout, the antagonistic and the atheist. It
belief, then religious liberty has been violated. 6 eliminates God from the matters of the state and ensures that
no one shall be discriminated against on the ground of religion”
18
Fundamental right to freedom of religion is guaranteed under 8 . In St. Xavier’s College v State of Gujarat 9 Court held that - the
Articles 25, 26, 27 and 28 of Part III of the Indian Constitution. It state is neither pro-God nor anti-God and treats the devout,
is religious freedom in the background of a secular state. agnostic and atheist alike and sees all religions equally. No
person would be discriminated on grounds of religion. No
The Supreme Court of India has explained the secular character religion would be favoured over another. Article 14 and 15 holds
of the Indian Constitution thus:- every religion equal before the eyes of the law and prohibits
discrimination on grounds of religion. The Indian society has
“
nurtured different cultures from times immemorial and has
Secularism is neither anti-God nor pro-God, it treats alike the been home to majority of the world religions and having such a
devout, the antagonistic and the atheist. historical lineage, the freedom of religion here holds great
importance. Though important, it is not an absolute right and is
It subject to various restrictions. RIGHT TO RELIGIOUS
PROCESSION AND CONSTITUTION OF INDIA Religious freedom
eliminates God from the matters of the state and ensures that as an individual's right is guaranteed by the Constitution to 'all
no one shall be discriminated against on the ground of religion” persons' in Article 25(1), Article 27 and Article 28. Thus, the Right
7 to Freedom of religion forms a very important Fundamental
right of our country and aims at maintaining the principle of
In St. Xavier’s College v State of Gujarat 8 Court held that - the
secularism in India. Indian constitution firmly states that all
state is neither pro-God nor anti-God and treats the devout,
religions are equal before the law and no religion shall be
agnostic and atheist alike and sees all religions equally. No
favoured over the other. So citizens of India have right to follow
person would be discriminated on grounds of religion. No
their religion, conduct religious practise and procession. In
religion would be favoured over another. Article 14 and 15 holds
English law, to organise or take part in a procession on a public
every religion equal before the eyes of the law and prohibits
highway is not necessarily a nuisance. It is only a nuisance when
discrimination on grounds
such a procession constitutes an unreasonable user of the
of religion. The Indian society has nurtured different cultures highway or would naturally result in an obstruction. The
from times immemorial and has been home to majority of the question with regard to the right of taking out a procession was
world religions and having such a historical lineage, the freedom incidentally considered by Heaton J., both in Virupaxappa v.
Sherif Sab 10 and in Venkatesh Appashet v. Abdul Kadir 11 and
19
of religion here holds great importance. Though important, it is according to that learned Judge, a man had the right to use the
not an absolute right and is subject to various restrictions. streets as a thoroughfare, i.e., for 6
RIGHT TO RELIGIOUS PROCESSION AND CONSTITUTION
OF INDIA
Religious freedom as an individual's right is guaranteed by the

Constitution to 'all persons'
in Article 25(1), Article 27 and Article 28. Thus, the Right to

Freedom of religion forms a very important Fundamental right
of our country and aims at maintaining the principle of
secularism in India. Indian constitution firmly states that all
religions are equal before the law and no religion shall be
favoured over the other. So citizens of India have right to follow
their religion, conduct religious practise and procession.
In English law, to organise or take part in a procession on a

public highway is not necessarily a nuisance. It is only a nuisance
when such a procession constitutes an unreasonable user of the
highway or would naturally result in an obstruction.
The question with regard to the right of taking out a procession

was incidentally considered by Heaton J., both in Virupaxappa v.
Sherif Sab 9 and in Venkatesh Appashet v. Abdul Kadir 10 and
according to that learned Judge, a man had the right to use the
streets as a thoroughfare, i.e., for
20
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the purpose for which streets were made, but he had no right to
pass along a street playing music. We may point out that the the purpose for which streets were made, but he had no right to
right to play music has nothing to do with the right of taking out pass along a street playing music. We may point out that the
a procession. right to play music has nothing to do with the right of taking out
a procession.
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The
The Fundamental Right to religious freedom cannot be enjoyed
Fundamental Right to religious freedom cannot be enjoyed in an in an absolutely unrestricted way. There are limitations within
absolutely unrestricted way. There are limitations which these rights can but exercised, as also lawful restrictions
which can be imposed by the State. Chandu Sajan Patil v.
within which
Nyahalchand Panamchand 17 , the question referred to this Full
these rights can but exercised, Bench is whether a civil suit will lie to establish the right of
members of the public to carry a non-religious procession
as also lawful restrictions which can be imposed by the State. through the public streets. A suit was filed on behalf of the
Hindu community of Sakur against the Muslim community of the
Chandu Sajan Patil v. Nyahalchand Panamchand 11 , same place for a declaration that the Hindu community had a
right to conduct religious and social processions accompanied
the question referred to this Full Bench is whether a civil suit will
with music along certain public thoroughfares upon which
lie to establish the right of members of the public to carry a non-
certain Muslim mosques abutted. In 1938 the Muslims
religious procession through the public streets. A suit was filed attempted to obstruct a Dasera procession from marching with
on behalf of the Hindu community of Sakur against the Muslim music near one of the mosques. The Magistrate issued an order
community of the same place for a declaration that the Hindu prohibiting the Hindus from carrying out their procession unless
21
community had a right to conduct religious and social they obtained a declaration of their right from a competent civil
processions accompanied with music along certain public Court. The suit was decreed by the trial Court and the decree
thoroughfares upon which certain Muslim mosques abutted. In was confirmed by the learned Extra Assistant Judge at
1938 the Muslims attempted to obstruct a Dasera procession Ahmednagar. The Jatindra Narain Commission's Report,
from marching with music near one of the mosques. The published recently, on the Jamshedpur riots which erupted on
Magistrate issued an order prohibiting the Hindus from carrying April 11, 1979, on the occasion of the Ram Navami festival, raises
out their procession unless they obtained a declaration of their questions about the citizen's right to go in a procession over a
right from a competent civil Court. The suit was decreed by the public road. These questions were also raised in Justice D.P.
trial Court and the decree was confirmed by the learned Extra Madon's Report on the Bhiwandi riots which broke out in May
Assistant Judge at Ahmednagar. 1970 during the Shiv Jayanti festival. The central issue in both
cases was conflict between the two groups. In Mohammad
The Siddiqui vs State Of U.P. And Anr 18 . Qazi Mohammad Siddiq
has filed an application against the State of Uttar Pradesh and
Jatindra Narain Commission's Report, published recently, on the
the District Magistrate of Lucknow, under Article 226 of the
Jamshedpur riots which erupted on April 11, 1979, on the
Constitution that the applicant applied for the taking out of a
occasion of the Ram Navami festival, raises questions about the
religious procession, Madhe Saheba. The magistrate dismissed
citizen's right to go in a procession over a public road. These
the application because of fear of breach of peace and conflict
questions were also raised in Justice D.P. Madon's Report on the
based on religion. Constitution of India guaranteed right to
Bhiwandi riots which broke out in May 1970 during the Shiv
religion of every citizen of India but sometime this right arise
Jayanti festival. The central issue in both cases was
problem and conflict which have unexpected and cruel result.
conflict between the two groups. Indian constitution give a privilege to Indian citizen to follow
their region but there are many cases in India where a lot of
In Mohammad Siddiqui vs State Of U.P. And Anr 12 . conflict arise during religious procession. In Neemuch district of
Madhya Pradesh during religious procession on the occasion of
Qazi Mohammad Siddiq has filed an application against the State hanuman Jayanti some people throw stone on the crowed.
of Uttar Pradesh and the District Magistrate of Lucknow, under According to police, members of a specified group hurled stones
Article 226 of the Constitution that the applicant applied for the at a religious procession. Soon both sides engaged in fighting
taking out of a religious procession, Madhe Saheba. and 10 people injured. This incident shows that how an act of a
22
The magistrate dismissed the application because of fear of person and group of people during religious procession is
breach of peace and conflict based on religion. harmful to the people as well as to the society. 19 Indian
constitution not infringes any person’s right to religion and
Constitution of India guaranteed right to religion of every citizen conduct a religious procession. Main reason for the conflict
of India but sometime this right arise problem and conflict which during religious procession is propagation of religion. Sometime
have unexpected and cruel result. Indian constitution give a religious procession by a particular group seems to propagation
privilege to Indian citizen to follow their region but there are of their religion to other group of people. Another case on
many cases in India where a lot of conflict arise during religious religious procession which took place in Khandwa town of
procession. Indore on 29 th March 2015. A religious procession was attacked
in Khandwa. One police constable was injured in violence. Police
In Neemuch district of Madhya Pradesh during religious
registered 12 cases against alleged perpetrators violence 20 . 17
procession on the occasion of hanuman Jayanti some people
throw stone on the crowed. According to
police, members of a specified group hurled stones at a religious

procession. Soon both sides
engaged in fighting
and 10 people injured. This incident shows that how an act of a

person
and group of people during religious procession is harmful to

the people as well as to the society. 13
Indian constitution not infringes any person’s right to religion

and conduct a religious procession. Main reason for the conflict
during religious procession is, propagation of religion. Sometime
religious procession by a particular group seems to propagation
of their religion to other group of people.
23
Another case on religious procession which took place in

Khandwa town of Indore on 29th March 2015. A religious
procession was attacked in Khandwa. One police constable was
injured in violence. Police registered 12 cases against alleged
perpetrators violence 14 .
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The right to take out a religious procession on a highway is not a
part of the fundamental right and where breach of peace is The right to take out a religious procession on a highway is not a
apprehended, necessary restrictions can be imposed. 15 part of the fundamental right and where breach of peace is
apprehended, necessary restrictions can be imposed. 21
SECULARISM, LAW AND ORDER AND RIGHT TO RELIGION SECULARISM, LAW AND ORDER AND RIGHT TO RELIGION
Secularism in India means equal treatment of all religions by the
Secularism in India means equal treatment of all religions by the
state. According to Constitution, India not follows any religion or
state. According to Constitution, India not follows any religion or
propagates. With the 42nd Amendment of the Constitution of
propagates.
India enacted in 1976, the Preamble of Constitution asserted
With the 42nd Amendment of the Constitution of India enacted that India is a secular nation. India does not have an official state
in 1976, the Preamble of Constitution asserted that India is a religion. The people of India have freedom of religion, and the
secular nation. India does not have an official state religion. The state treats all individuals as equal citizens regardless of their
people of India have freedom of religion, and the state treats all religion. St. Xavier’s College v State of Gujarat 22 is a landmark
individuals as equal citizens regardless of their religion. case for concept of Secularism in which Court held that - the
state is neither pro-God nor anti-God and treats the devout,
St. Xavier’s College v State of Gujarat 16 is a landmark case for agnostic and atheist alike and sees all religions equally. No
concept of Secularism in which Court held that - the state is person would be discriminated on grounds of religion. No
neither pro-God nor anti-God and treats the devout, agnostic religion would be favoured over another. Article 14 and 15 holds
and atheist alike and sees all religions equally. No person would every religion equal before the eyes of the law and prohibits
24
be discriminated on grounds of religion. No religion would be discrimination on grounds of religion. Article 25(1), Article 27 and
favoured over another. Article 14 and 15 holds every religion Article 28 guaranteed right to freedom of religion. The concept
equal before the eyes of the law and prohibits discrimination on of secularism of constitution give assurance to the citizen of
grounds of religion. India that they are not discriminated on religious base, they are
free to follow their religion, right of religious practise and
Article 25(1), Article 27 and Article 28 guaranteed right to procession secure by constitution. So concept of secularism
freedom of religion. The concept of secularism of constitution protects the right to religion and also religious procession which
give assurance to the citizen of India that they are not is linked with right to religion. Police powers, despite the
discriminated on religious base, they are free to follow their provisions of personal laws, also govern the celebration of
religion, right of religious practise and procession secure by religious festivities in the name of maintaining public order. Even
constitution. So concept of secularism protects the right to at present, criminal justice agencies govern the observance of
religion and also religious procession which is linked with right religious actions for all the citizens irrespective of their
to religion. affiliations. This occurs because of the long standing conflicts
between Hindu and Muslim communities. Communal riots
Police powers, despite the provisions of personal laws, also
causing loss of property and life have been common in the
govern the celebration of religious festivities in the name of
country. The problem usually arises when member of one
maintaining public order. Even at present, criminal justice
religion protest against the nature, time, or route of a religious
agencies govern the observance of religious actions for all the
procession organised by the other group, especially when it pass
citizens irrespective of their affiliations. This occurs because of
through or near their locality. Regulating crowds during such
the long standing conflicts between Hindu and Muslim
celebrations in order to avoid communal conflict is an important
communities. Communal riots causing loss of property and life
responsibility for the police. A disturbance during these
have been common in the country. The problem usually arises
celebration cod ignite large scale rioting, since often thousands
when member of one religion protest against the nature, time,
of people are involved. The police exercise considerable
or route of a religious procession organised by the other group,
discretion in handling these situations, since the law provides
especially when it pass through or near their locality. Regulating
little discretion The narrow lanes and crowded from where these
crowds during such celebrations in order to avoid communal
procession pass makes crowd control in these setting an
conflict is an important responsibility for the police. A
extremely challenging job. In order to control the physical
disturbance during these celebration cod ignite large scale
setting, police attempt to regulate the time and place where
rioting, since often thousands of people are involved. The police
25
exercise considerable discretion in handling these situations, procession can be taken out by making use of the Police Act
since the law provides little discretion 1861 which provides power to manage traffic on public roads....it
is through such a device that police insist on the time and route
The narrow lanes and crowded from where these procession to be followed by the organizers...to ensure that the route does
pass makes crowd control in these setting an extremely not pass through the localities of other communities, especially
challenging job. In order to control the physical setting, police in front of temples or mosques, and further that police have
attempt to regulate the time and place where procession can be space for their deployment and operations. 23 Large communal
taken out by making use of the Police Act 1861 which provides riots have occurred from such small matters as obstructing a
power to manage traffic on public roads....it is through such a procession, playing music when passing before a mosque, or
device that police insist on the time and route to be followed by shouting abusive or provocative slogans. Every religious festival
the organizers...to ensure that the route does not pass through is a high strategic event for the police. Not surprisingly, police
the localities of other communities, especially in front of temples deployment is heavy and strategic. The objective is to prevent
or mosques, and further that police have space for their clashes, and in this role the police determine how a religion will
deployment and operations. 17 be celebrated. Thus, in the name of maintaining law and order,
Indian police have been 21
Large communal riots have occurred from such small matters as
obstructing a procession, playing music when passing before a
mosque, or shouting abusive or provocative slogans. Every
religious festival is a high strategic event for the police. Not
surprisingly, police deployment is heavy and strategic. The
objective is to prevent clashes, and in this role the police
determine how a religion will be celebrated. Thus, in the name of
maintaining law and order, Indian police have been
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26
exercising considerable power and interfering directly in the exercising considerable power and interfering directly in the
religious affairs of almost every community. religious affairs of almost every community. The Public Order Act
1986 is an Act which defined a number of offenses related to
The Public Order Act 1986 is an Act which defined a number of public order and safety of public life. The goal of the act was to
offenses related to public order and safety of public life. The goal clearly define such offenses so that police officers and other
of the act was to clearly define such offenses so that police members of the law Enforcement community could take steps to
officers and other members of the law Enforcement community protect public order and to address violence. The Public Order
could take steps to Act 1986 also covers assemblies and processions, mandating
that police be notified before such events and allowing police to
protect public order and to address violence. The Public Order
limit such assemblies for safety reasons. The act is structured in
Act 1986 also covers assemblies and processions, mandating
a way which is designed to avoid infringing upon the right to
that police be notified before such events and allowing police to
peaceful assembly and free association, without utterly limiting
limit such assemblies for safety reasons. The act is structured in
police powers. Some critics of the Public Order Act 1986 have
a way which is designed to avoid infringing upon the right to
argued that there have been instances in which these powers
peaceful assembly and free association, without utterly limiting
have been abused by overzealous law enforcement and in which
police powers. Some critics of the Public Order Act 1986 have
legal assemblies have been suppressed. Public Order Act 1986
argued that there have been instances in which these powers
also governs action of the public during religious procession.
have been abused by overzealous law enforcement and in which
Part 2 of Public Order Act 1986 deals with processions and
legal assemblies have been suppressed.
assemblies in which, “
Public Order Act 1986 also governs action of the public during
religious procession. Part 2 of Public Order Act 1986 deals with
processions and assemblies in which
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27
advance notice of public procession according to this section a Advance notice of public procession according to this section a
six days notice given to police before conduct procession, six days notice given to police before conduct procession,
including details of the intended time and route, and giving the including details of the intended time and route, and giving the
name and address of at least one person proposing to organise name and address of at least one person proposing to organise
it. Section 12 provides power to police to impose condition on it.” 24 This act also provides, “Power to police to impose
processions to prevent serious public disorder, criminal damage condition on processions to prevent serious public disorder,
or damage to the life of public. criminal damage or damage to the life
of public” 25

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of Public Order Act 1986, chief police officer has the power to
ban public procession up to three month for maintain peace in of public” 25
society.
and “Chief police officer has the power to ban public procession
CONCLUSION up to three month for maintain peace in society.” 26
CONCLUSION Constitutionally every citizen has the absolute
Constitutionally every citizen has the absolute right to profess right to profess any religion of his choice. As constitution of India
any religion of his choice. As constitution of India was not frame was not frame on the religious grounds and customs of any
on the religious grounds and customs of any particular religion particular religion and it is secular in its framework. Though right
and it is secular in its framework. Though right to religion is to religion is absolute right but right to procession and conduct
absolute right but right to procession and conduct to religious to religious ceremonies by the way of rally, public meetings and
ceremonies by the way of rally, public meetings and by using by using high voltage sound system is not absolute right at all.
high voltage sound system is not absolute right at all. As India is As India is a welfare state, state possess the responsibility to
a welfare state, state possess the responsibility to maintain maintain public tranquillity, peace, and harmony and law order.
public tranquillity, peace, and harmony and law order. Though Though the rallies which are conducted in the auspicious
the rallies which are conducted in the auspicious occasions of occasions of Dussehra and Moharrum or any other procession
28
Dussehra and Moharrum or any other procession which is of which is of historical importance are not subject to be stopped.
historical importance are not subject to be stopped. By either By either force or law decree unless the organisation organising
force or law decree unless the organisation organising these these procession took the pre administrative permission.
procession took the pre administrative permission. Administration is bound to make the legal framework for
Administration is bound to make the legal framework for conducting those processions. As India is diverse religiously so a
conducting those processions. As India is diverse religiously so a Ram Navmi rally amidst
Ram Navmi rally amidst the highly Muslim populated area can
result in turmoil. Similarly a Muslim procession the highly Muslim populated area can result in turmoil. Similarly
a Muslim procession

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the highly Muslim populated area can result in turmoil. Similarly
a Muslim procession amidscan give rise to conflict if processed in the highly Muslim populated area can result in turmoil. Similarly
Hindu majority area so local authority and administration can a Muslim procession
decide the framework of those procession and in the process of
doing so can refrain organisation to perform certain acts. So no amidst
one can claim that there is infringement of their fundamental
can give rise to conflict if processed in Hindu majority area so
right. So religious procession should be conducted in vigilance of
local authority and administration can decide the framework of
local authorities with some restriction. It should be kept in mind
those procession and in the process of doing so can refrain
that rights and duties are correlatives if some act of yours
organisation to perform certain acts. So no one can claim that
infringes some ones right to decent life (which has broad
there is infringement of their fundamental right. So religious
connotation) then your right will be abridged because you have
procession should be conducted in vigilance of local authorities
not performed your duties well hence right comes with some
with some restriction. It should be kept in mind that rights and
duties because if someone is negligent on part of his duty then
duties are correlatives if some act of yours infringes some ones
someone’s right is definitely going to be infringed and hence
right to decent life (which has broad connotation) then your right
legal restriction by local administration, judiciary by the way of
will be abridged because you have not performed your duties
29
decree and restriction by provision of section 24 of police act of well hence right comes with some duties because if someone is
1861 is constitutionally correct negligent on part of his duty then someone’s right is definitely
going to be infringed and hence legal restriction by local
administration, judiciary by the way of decree and restriction by
provision of section 24 of police act of 1861 is constitutionally
correct. 24

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can give rise to conflict if processed in Hindu majority area so
local authority and administration can decide the framework of can give rise to conflict if processed in Hindu majority area so
those procession and in the process of doing so can refrain local authority and administration can decide the framework of
organisation to perform certain acts. So no one can claim that those procession and in the process of doing so can refrain
there is infringement of their fundamental right. So religious organisation to perform certain acts. So no one can claim that
procession should be conducted in vigilance of local authorities there is infringement of their fundamental right. So religious
with some restriction. It should be kept in mind that rights and procession should be conducted in vigilance of local authorities
duties are correlatives if some act of yours infringes some ones with some restriction. It should be kept in mind that rights and
right to decent life (which has broad connotation) then your right duties are correlatives if some act of yours infringes some ones
will be abridged because you have not performed your duties right to decent life (which has broad connotation) then your right
well hence right comes with some duties because if someone is will be abridged because you have not performed your duties
negligent on part of his duty then someone’s right is definitely well hence right comes with some duties because if someone is
going to be infringed and hence legal restriction by local negligent on part of his duty then someone’s right is definitely
administration, judiciary by the way of decree and restriction by going to be infringed and hence legal restriction by local
provision of section 24 of police act of 1861 is constitutionally administration, judiciary by the way of decree and restriction by
correct provision of section 24 of police act of 1861 is constitutionally
correct. 24
30

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Thomas Reese, Religious freedom is a fundamental human right,
May. 16, 2014 Thomas Reese, “Religious freedom is a fundamental human
right”, (May 16, 2014),
6

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ambit-of-right-to-freedom-of-religion-1048-1.html 9 1974 AIR
8 1974 AIR 1389, 1389 10 2 Ind Cas 494 11 (1918) 20 BOMLR 667
9 Ind Cas 494 10 (1918) 20 BOMLR 667 11

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ambit-of-right-to-freedom-of-religion-1048-1.html 22 1974 AIR
16 1974 AIR 1389 17 Gerald James Larson, 1389 23 Gerald James Larson, “Religion and Personal Law in
Secular India: A Call to Judgment” ,
Religion and Personal Law in Secular India: A Call to Judgment
31

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URKUND

Urkund Analysis Result

Sources included in the report:

Instances where selected sources appear:

National Law Institute University, Bhopal

RIGHT TO CONDUCT A RELIGIOUS PROCESSION

Submitted to: Ms Kuldeep Kaur{Faculty for Constitutional Law} Submitted by : Hrishikesh

• RESEARCH METHODOLOGY…………………… …………….……...10

• RIGHT TO REIGIOUS PROSESSION AND THE CONSTITUTION OF INDIA

• SECULARISM ,LAW AND ORDER AND RIGHT TO RELIGION……...

On completion of this Project it is my present privilege to acknowledge my profound gratitude

India is a secular country and has no State religion.

to include the word 'secular' along with 'socialist', to declare

India to be a 'Sovereign Socialist Secular Democratic Republic'.

Constitution of India contains in its Chapter on

Religious freedom as an individual's right is guaranteed by the Constitution to 'all persons'

The Fundamental Right to religious freedom cannot be enjoyed in an absolutely unrestricted

these rights can but exercised,

as also lawful restrictions which can be imposed by the State.

conflict between the two groups.

by the State "

in the interests; of the sovereignty and integrity of India

or, public order".

In Mohammad Siddiqui vs State Of U.P. And Anr 2 2.

Freedom of religion in India is a fundamental right guaranteed by

the country's constitution 4

However, there have been

incidents of religious intolerance that resulted in riots and violence.

These incidents have been condemned by the governmental administrations, private

the right to change one's religion or belief

right to freedom of thought, conscience, and religion or belief,

RIGHT TO RELIGIOUS PROCESSION AND CONSTITUTION

Religious freedom as an individual's right is guaranteed by the Constitution to 'all persons'

Fundamental Right to religious freedom cannot be enjoyed in an absolutely unrestricted way.

these rights can but exercised,

as also lawful restrictions which can be imposed by the State.

Chandu Sajan Patil v. Nyahalchand Panamchand 11 ,

conflict between the two groups.

In Mohammad Siddiqui vs State Of U.P. And Anr 12 .

In Neemuch district of Madhya Pradesh during religious procession on the occasion of

SECULARISM, LAW AND ORDER AND RIGHT TO RELIGION

section 11 deal with

4 Article 15 of India Constitution

ibid 7 Kirandeep Kaur,

Ambit of Right to Freedom of Religion, February 28, 2012

8 1974 AIR 1389,

9 Ind Cas 494 10 (1918) 20 BOMLR 667 11

AIR 1950 Bom 192 12 http://indiankanoon.org/

14 http://timesofindia.indiatimes.com/ 15 Kirandeep Kaur,

Ambit of Right to Freedom of Religion, February 28, 2012

16 1974 AIR 1389 17 Gerald James Larson,

Religion and Personal Law in Secular India: A Call to Judgment

Page 1 |NATIONAL LAW INSTITUTE UNIVERSITY ,BHOPAL

Hit and source - focused comparison, Side by Side:

Left side: As student entered the text in the submitted document.

Instances from: http://journal.lawmantra.co.in/wp-content/uploads/2016/02/13.pdf

conflict between the two groups.

The Constitution - Art 19(1) (b) - protects the citizen's

by the State "

in the interests; of the sovereignty and integrity of India

or, public order".

Under S 144 of the Criminal Procedure Code, processions can be

In Mohammad Siddiqui vs State Of U.P. And Anr 2 2.