Karnataka Govt Tables Bill To Protect Unauthorized Religious Structures In Public Places From Demolition

The Bill Titled "The Karnataka Religious Structures (Protection) Bill, 2021", states that it is a bill to provide protection to religious structures on a public place. Whereas it is expedient to provide protection to religious structure in a public place and for the matters connected therewith or incidental thereto,

The Bill has been moved in the wake of Court directions for demolition of illegally constructed religious structures.

As per the statement of objects and reasons as mentioned in the Bill, "It is considered necessary to provide for the protection of religious constructions on a public place constructed before the date of commencement of this Act, in order to protect communal harmony and not to hurt the religious sentiments of the public. Further to restrict unauthorized religious structure and constructions on public places in future."

The bill defines local authority to mean the local self Government constituted by the State Government under relevant Laws and includes all the Government-owned, managed or controlled, statutory Boards, Corporations, companies, committees etc.

Whereas, "Public Place", means a place belonging to the Government and includes any premises belonging to a Local Authority, a Government company, or a Board or Corporation or any statutory or non-statutory body of the State Government.

"Religious structure" means those religious structures such as temple, church, mosque, Gurudwara, Bodh Vihar, Majar etc, constructed on public place without authority of law.

The bill says, "Notwithstanding anything contained in any law for the time being in force or any judgment, decree or order of any court, tribunal or authority from the date of commencement of this Act, subject to the provisions of this Act, or the rules made there under the Government shall protect the religious structures existing on the date of commencement of this Act, in such manner subject to such conditions as may be prescribed. Provided that no protection shall be done, if any case relating to the removal is pending in any court of law and in such other circumstances as may be prescribed."

The bill also states that "No religious structure and construction shall be allowed by the State Government or any Local Authority in future on a public place. The District Administration may allow religious activity in such protected structures subject to custom, Law, any other conditions as may be laid down by the State Government from time to time."

The bill also clarifies that "No suit, prosecution or other legal proceedings shall lie against the State Government or any officer, or over employees of the State Government for anything which is in good faith done or intended to be done under this Act or rules made thereunder."