"Citizens can profess and propagate their own religion": Bombay High Court quashes

Prohibiting individuals from carrying out any religious activities on their property through an order under section 144 of the CrPC is a direct violation of their fundamental rights enshrined in Article19(1), Articles 25 and 26 of the Constitution of India the Bombay High Court held.

Prohibiting individuals from carrying out any religious activities on their property through an order under section 144 of the CrPC is a direct violation of their fundamental rights enshrined in Article19(1), Articles 25 and 26 of the Constitution of India the Bombay High Court held.

The Goa bench comprising Justices Mahesh Sonak and Valmiki Menezes quashed an order passed under section 144 of the CrPC by the district magistrate against a Christian couple accused of religious conversion.

The court said that the petitioner and her husband were within their rights to propagate their own religion and to profess it in any manner that they please though within the bounds of law, more so, when it is within their own private property.

“We are of the opinion, that by claiming to exercise jurisdiction under Section 144 of the Code and prohibiting the Petitioner and Domnic from carrying out any religious activities in their property in Siolim is a direct violation of their fundamental rights enshrined in Article 19(1), Articles 25 and 26 of the Constitution of India, as it seeks to deny them both of their freedom of speech and expression and to their freedom of conscience and the right to freely profess, practice, propagate their religion or form religious institutions.”