What Is The Fundamental Right To Seek Prayer Room For A Particular Community In Airports? Gauhati High Court Asks

The Gauhati High Court on Friday refused to issue notice on a PIL seeking separate prayer room for the Muslim community at Guwahati airport. A bench comprising Chief Justice Sandeep Mehta and Justice Susmita Phukan Khaund asked the petitioner if such a right is guaranteed under Article 25 of the Constitution.

“Where does Article 25 give right to any citizen to enforce or seek a writ that in every public institution, there should be a prayer room? Please tell us or at least give one judgment on that. The fact that Government has constructed such prayer room in a particular airport or few airports, would that give a right to every citizen to claim that a prayer room should be constructed in all public establishments? Why only airports then? Why not every public institution? Is it a fundamental right? You have places of worship, go there and worship,” the bench observed orally.

It also questioned the Petitioner why the prayer was confined to only a particular community.

“What is the fundamental right in this regard? Our Country is a secular country? Why prayer room for a particular community?...PIL can be filed for enforcing a fundamental right.”

The petitioner argued there are smoking zones, spas and rules for even establishment of restaurants. He insisted that having a separate room will be protected under Articles 25 and 30 of the Constitution.

However, the bench responded that separate smoking zones are to prevent public harm. Similarly, opening restaurants is for commercial viability of the airports. “Those are commercial activities. They will do. But prayer is not a commercial activity,” it said.

The petitioner then contended that often flights are scheduled around the prayer timings of Muslims and thus prayer rooms become a necessity. However, the Chief Justice suggested that a traveller has the option to choose a flight at an appropriate time (not coinciding with prayer time). "That is your choice."

The Court has now granted 15 days' time to petitioner to prepare and address the Court regarding the reliefs sought.

Case Title: Rana Saidur Zaman v. Union of India & 5 Ors.

Case No. : PIL/64/2023

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