If you want to offer namaz, go to the mosque : Gauhati High Court

The Gauhati High Court dismisses a PIL demanding namaz room at the Guwahati airport

(Credits:Bar & Bench)

Guwahati (Assam) – The Gauhati High Court dismissed a PIL seeking provision of a separate room for namaz at the Guwahati airport. The Court rebuked the Muslim petitioner and said, ‘India is a secular country. Why a prayer room for a particular community ? There are designated spaces to pray. Those who are desirous, can go there and pray’.

What Is The Fundamental Right To Seek Prayer Room For A Particular Community In Airports? Gauhati High Court Asks | @uditsingh210 https://t.co/Z3Ueu8dmSK

— Live Law (@LiveLawIndia) September 30, 2023

Does the Constitution mention the provision of prayer rooms in public places ?

The PIL was filed by Rana Saidur Zaman. The Court asked Zaman, ‘Where does the constitution give the right to a citizen to enforce or seek a right or file a writ in this regard to claim that prayer rooms for a community should be constructed in all public establishments ? The Government has built prayer rooms in some airports; but does that make it a fundamental right ? Why only airports and not all public institutions then ?’

“Why prayer room for one community? You have got places to worship, go there,” Gauhati HC to petitioner seeking prayer room for Muslims at Guwahati Airporthttps://t.co/R0IuNYvaU8

— OpIndia.com (@OpIndia_com) October 1, 2023

Prayer is not a commercial activity !

Rana Zaman argued that airports have separate rooms for smoking. Similarly, they can have prayer rooms. He also pointed out that the rules made by the Airports Authority of India make provisions for commercial establishments such as restaurants, spas etc; but not for the prayer rooms. The Court replied, ‘Smoking rooms are there so that the smoking persons do not damage the health of other persons. So, it is to prevent public harm. What is the public harm being prevented by providing a prayer room ? Restaurants and spas generate income, so they are commercial activities; but prayer is not a commercial activity’.

The petitioner further said that some flights are scheduled around the prayer timing of Muslims, which highlights the importance of a prayer room at the airport. The Court replied, ‘Muslims can choose a flight of their apt time. That is their choice. They can complete their prayers. The airports give passengers that choice. How can relief be sought for a particular community ?’

Editorial Perspective

The Court should also issue an order against offering namaz on roads and other public places without permission, thereby creating obstacles to the citizens !