Challenge to Act protecting unauthorized religious structures on public grounds: Karnataka High Court issues notice to State

The Karnataka High Court recently issued notice to the State government in a plea challenging the Karnataka Religious Structures (Protection) Act, 2021, which effectively protects existing unauthorised religious structures in the State. [D Keshvamurthy v State of Karnataka].A Bench of Chief Justice Prasanna B Varale and Justice MGS Kamal listed the matter after three weeks..In 2009, the Supreme Court had passed an order stating that "no unauthorized construction shall be carried out or permitted in the name of Temple, Church, Mosque or Gurudwara etc. on public streets, public parks or other public places etc." In an order passed in 2019, the apex court directed all High Courts to undertake the implementation of this order.The High Court in 2019 initiated a suo motu case pursuant to the Supreme Court's directions and hauled up the State for failing to comply with the apex court's orders.Subsequently, the State of Karnataka introduced the Karnataka Religious Structures (Protection) Act, 2021, with a view to safeguarding existing religious structures constructed without proper authorisation..The petition filed by a social worker in public interest alleges that the 2021 Act infringes upon the rights guaranteed by Article 14, 21, and 25 of the Constitution and also suffers from excessive delegation.Further, it is argued the Act treats both lawful and unlawful structures indiscriminately, effectively treating unequal entities as equals."The constructions that are and will continue to be in contravention of various applicable statutes as Karnataka Town and Country Planning Act, 1961, Karnataka Municipal Corporation Act, 1976, Karnataka Municipalities Act, 1964, Bangalore Metropolitan Region Development Authority Act, 1985 and Bruhat Bengaluru Mahanagara Palike Act, 2020 are extended protection by the impugned Act. Therefore, the Act is also against the rule of law," the plea said..It is further claimed that the Act is aimed at negating the High Court's orders passed in 2019, as well as the Supreme Court's directions passed earlier.Moreover, the petitioner states that the Act is in violation of the right to freedom of religion under Article 25 of the Constitution because such right is subject to other provisions of Part III of the Constitution."In this case the right to profess, practice, and propagate religion is put on a higher pedestal as compared to the freedom of conscience inasmuch as atheistic/irreligious citizens have not been permitted similar access to public lands to the exclusion of those who are religious," the plea read.Advocate Manu Kulkarni appeared for petitioner.