There Is No Absolute Bar On Religious Assembly: Kerala HC Dismisses PIL Against Permitting Religious Gatherings Upto 100 Persons [Read Judgment]

There is no absolute bar on religious assembly, said the Kerala High Court while dismissing a Public Interest Petition filed by two lawyers who had challenged the Government orders permitting social or religious gathering with a participation of upto 100 persons.

Advocates Jayakumar TV and Mansoor BH, had approached the High Court seeking a declaration that public gathering/assemblies or mass prayers by any social or religious institution or group or congregation, violating the norms issued by Government of India from time to time during the period of COVID-19 pandemic, is illegal and unconstitutional.They, relying on a notification issued by the Central Government contended that the State Government is not competent to permit any religious congregation, by fixing 100 as maximum limit, since there is an absolute bar on religious assembly.

The Additional Advocate General, on behalf of the state, defended the orders issued by the Government contending that there is a subtle difference between the activities in places of worship/religious places than allowing religious functions and other large gatherings. He submitted that the maximum persons allowed are 100 persons and for such assembly in a places of worship or religious place, the worshipers have to maintain social distancing of six feet, and to follow all the regulations of the Ministry of Health and Family Welfare. 

In its judgment, the bench comprising of the Chief Justice S. Manikumar and Justice Shaji P. Chaly observed that Unlock 1 guidelines make it clear that places of worship for public/religious places are excluded in the Annexure. If the Central Government wanted to restrict the number in the places of worship for public/religious places, the Central Government in the Annexure would have said so, the bench observed. While dismissing the PIL, the court added:

"We cannot be oblivious of the fact that Mass in a Church is conducted at a particular time, prayer in a Mosque is performed at a particular time and so also worship in a Temple. One will have to give a meaningful intent when the Central Government have issued guidelines for opening activities in religious places/places of worships for public, whether a person belongs to it is Hindu/Muslim/Christian or any other religion. Though contentions are made on bona fides of the petitioners, who are advocates, we are not inclined to delve into the same. Contentions that there is an absolute bar on religious assembly is not accepted." 

Case no.: WP(C).No.15342 OF 2020

Case name: Jayakumar T.V. vs State Of Kerala

Coram: Chief Justice S. Manikumar and Justice Shaji P. Chaly 

Counsel: Advocates DR.K.P.PRADEEP, T.THASMI for petitioners, AAG RANJITH THAMPAN and ASG P.VIJAYAKUMAR for respondents

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