“Public roads cannot be blocked in the name of religious activities” : SC

  • Case on Sabarimala Temple Traditions in the Supreme Court of India

  • Court states that the government has the authority to intervene

New Delhi – The Supreme Court of India has observed that public roads cannot be blocked in the name of religious activities. While every religious community has complete freedom to determine and practice its mode of worship, and courts generally do not interfere in internal religious matters, the government does have the authority to intervene if such activities disrupt secular functions or public order.

These observations were made during the ongoing combined hearing before a 9-judge Constitution Bench on petitions related to the traditions of the famous Sabarimala Temple in Kerala.

Arguments presented by petitioners supporting Hindu traditions:

On the 9th day of the hearing, Advocate Akshay Nagarajan, representing the Hindu Dharma Acharya Sabha, argued that under Article 25(2)(a) of the Constitution, the government cannot interfere in the rights of any religious denomination.

However, Article 25(2)(a) also empowers the State to regulate or restrict secular aspects associated with religious practices, including economic, financial, and political activities.

Advocate Nagarajan further contended that the protection granted under Article 25 is not limited merely to matters of belief, but also extends to the outward expression of faith; such as rituals, customs, ceremonies, and practices associated with the worship of a particular deity.

Supreme Court’s position

Responding to these arguments, Justice B. V. Nagarathna observed that if religious activities impact secular functions, the State has the authority to intervene.

She illustrated this with an example: if a temple is organizing an annual festival, such as a chariot procession, it cannot block all surrounding public roads. Such an act is not inherently religious in nature when it affects public infrastructure and civic life.

The Court emphasized that while individuals and communities have full freedom to perform their religious rituals, they cannot do so by obstructing public roads. For the purpose of regulation and maintaining public order, the State government is empowered to step in and take necessary action.

Editorial Perspective

While this principle is clearly stated, it is often observed that during festivals like Eid or even during Friday prayers in many cities across the country, public movement is disrupted due to road blockages. This raises the question whether state governments will have the resolve to implement the Supreme Court’s observations effectively.