Delhi High Court Reserves Order In PIL Against Affixing Images Of Gods On Walls As A Measure To Prevent Public Urination, Spitting

The Delhi High Court on Friday reserved its order in a public interest litigation moved by a lawyer against the practice of affixing sacred images of Gods and various deities on walls as a measure to prevent public urination, spitting and throwing garbage.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that it will be passing appropriate orders on a plea moved by Advocate Gorang Gupta, which stated that although people are using such pictures as a measure to stop open public urination, however, it is leading to "harming the religious sentiments of people at large."

The plea alleges that public urination and littering "seriously denigrates and disparages the sanctity of the sacred deity images."

It accordingly seeks a direction on the Delhi Government and its authorities to prohibit the affixation of sacred God images on the walls for prevention of open public urination, spitting or littering garbage around them.

The plea makes Delhi Government, New Delhi Municipal Council, Delhi Cantonment Board and Municipal Corporation of Delhi as the respondents.

Stating that the court had acknowledged the menace created by the open public urination in a 2014 case titled Manoj Sharma v. NCT, the plea submits:

"The common practice of affixing the photographs of deities on the walls to prevent open public urination, spitting and throwing garbage has created a serious menace in the society as these photographs do not guarantee the prevention of these acts rather there is no ounce of shame and people publicly urinate or spit or litter on the 'sacred' images ofthe deities."

Claiming himself to be a "strong supporter of the principles of secularism, tolerance and mutual co-existence with respect for all religions", the petitioner submits that affixation of the sacred images of deities on the walls to prevent public urination as well as spitting and throwing garbage around the same is violative of sections 295, 295A of the Indian Penal Code, 1860 as well as Article 25 of the Constitution of India as it is "harming the religious sentiments of the general public at large."

"Fear is used as an element to stop people from urinating or spitting and littering, These things cannot be permitted over the element of pure devotion borne out of faith and the freedom to practise and profess one's religion," the plea adds.

Title: Gorang Gupta v. GOVT. OF NCT & ORS.