Karnataka High Court
Karnataka High Court

No god or religion will support an illegal religious structure on a footpath, right to religion cannot be invoked: Karnataka HC

"The fundamental right under Article 25 of the Constitution of India does not extend to offering worship or prayers at each and every place", the order reads.

The Karnataka High Court recently observed that the fundamental right to religion under Article 25 of the Constitution of India cannot be invoked to protect a temple which is illegally built on a footpath.

In its order passed on July 14, the Court further opined that the right to construct an unauthorized temple (or any other religious structure) cannot be said to be part of any religion or religious practice protected under Article 25.

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A Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice M Nagaprasanna held,

"The fundamental right under Article 25 of the Constitution of India does not extend to offering worship or prayers at each and every place. Surely, the fundamental right under Article 25 of the Constitution of India cannot be invoked for protecting an illegal structure of a temple which is on a footpath. The right to construct unauthorized temple and that also on a footpath cannot be said to be an essential part of any religion or religious practice which can be protected under Article 25 of the Constitution of India."

Karnataka High Court

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