AUTHOR: YAMINI GOEL
UNIVERSITY: AMITY UNIVERSITY, NOIDA
LINKEDIN: linkedin.com/in/yamini-goel-34509b415
Abstract
India is a secular democracy that guarantees freedom of religion while simultaneously upholding the rule of law and public order. In recent decades, unauthorized religious structures such as temples, mosques, churches, and gurudwaras have increasingly appeared on public roads, footpaths, and government land. Although these structures are often established in the name of faith and devotion, they raise serious legal concerns relating to encroachment, public nuisance, traffic congestion, and administrative inaction. The issue presents a constitutional dilemma between the right to freely practice religion and the state’s obligation to protect public spaces and ensure equal application of law. This article examines the legal framework governing unauthorized religious structures on public roads, judicial responses, and the need for effective policy measures to reconcile religious sentiments with constitutional principles.
Introduction
Religion occupies a significant place in Indian society. Places of worship are not merely structures; they often represent the cultural and spiritual identity of communities. However, the growing trend of constructing religious structures on public roads and government land without legal authorization has become a matter of serious concern.
As a law student, one cannot ignore the contradiction that emerges when an act carried out in the name of faith violates the rule of law itself. Public roads are meant for public use and cannot be converted into private or religious spaces merely because a structure has acquired social acceptance over time.
Unauthorized religious constructions often result in traffic congestion, obstruction of emergency services, road accidents, and disputes among communities. The issue therefore demands a legal examination of the balance between religious freedom and public interest.
Meaning of Unauthorized Religious Structures
Unauthorized religious structures refer to temples, mosques, churches, gurudwaras, shrines, statues, or any other place of worship constructed:
1. Without prior approval of the competent authority;
2. On public roads, footpaths, parks, and government land;
3. In violation of municipal laws and land-use regulations.
Such constructions amount to encroachment upon public property and are illegal irrespective of the religious denomination involved.
Constitutional and Legal Framework
Article 25 of the Constitution
Article 25 guarantees every person the freedom of conscience and the right to freely profess, practise, and propagate religion.
However, the right is subject to:
Public order;
Morality;
Health; and
Other provisions of Part III of the Constitution.
Therefore, Article 25 does not grant a fundamental right to construct religious structures on public property or roads.
Article 19(1)(d): Freedom of Movement
Citizens possess the right to move freely throughout the territory of India. Unauthorized religious structures that obstruct roads and footpaths interfere with this constitutional freedom.
Article 21: Right to Life
The Supreme Court has repeatedly interpreted Article 21 broadly to include:
Right to live with dignity;
Right to a clean environment;
Right to safe roads and public spaces.
Encroachments that create traffic hazards and impede emergency services adversely affect these rights.
Article 14: Equality Before Law
The Constitution mandates equal treatment before the law. Illegal constructions cannot be regularized merely because they are religious in nature or enjoy political support.
Statutory Framework
Bharatiya Nyaya Sanhita, 2023
The law relating to public nuisance and obstruction of public ways empowers authorities to remove unlawful obstructions causing inconvenience to the public.
Municipal and Urban Planning Laws
Municipal corporations and development authorities possess statutory powers to:
Remove encroachments;
Demolish unauthorized constructions;
Regulate land use;
Protect public property.
Public Premises Laws
State authorities are empowered to remove encroachments from government land and recover possession from unauthorized occupants.
Judicial Approach
1 In Re: Unauthorized Construction of Religious Structures on Public Streets and Public Places (2009)
The Supreme Court took suo motu cognizance of the increasing number of religious structures being erected on public land.
The Court directed:
1. No unauthorized religious structure should be permitted on public streets or public places.
2. State governments must formulate policies for dealing with existing encroachments.
3. No new encroachments should be allowed in the name of religion.
The judgment reaffirmed that religious sentiments cannot override the rule of law.
2 Union of India v. State of Gujarat (2010)
The Supreme Court reiterated that no religion permits encroachment on public property and directed state governments to strictly implement earlier directions regarding unauthorized religious structures.
3 Ahmedabad Municipal Corporation v. Nawab Khan Gulab Khan (1997)
The Supreme Court held that encroachers cannot claim a legal right over public property merely because they have occupied it for a long period.
The Court observed that public property is held in trust for the benefit of the community and cannot be appropriated by private individuals.
4 Olga Tellis v. Bombay Municipal Corporation (1985)
Although the case primarily dealt with pavement dwellers, the Court recognized the authority of public bodies to remove encroachments from public spaces while ensuring adherence to due process.
The principle applies equally to unauthorized religious constructions.
Faith Versus Rule of Law
The debate surrounding religious encroachments is not about opposing religion. Rather, it concerns the misuse of religion to justify illegality.
The Constitution protects religious practices but does not permit:
Occupation of public roads;
Encroachment upon government land;
Violation of municipal regulations;
Infringement of the rights of other citizens.
If illegal constructions are tolerated merely because they are religious in nature, the principle of equality before law becomes meaningless.
Social and Administrative Challenges
1 Political Reluctance
Authorities often hesitate to remove religious structures due to fear of public protests and political repercussions.
2 Selective Enforcement
In many instances, laws are enforced inconsistently, leading to allegations of discrimination and favoritism.
3 Traffic and Safety Concerns
Religious structures on roads frequently result in:
Traffic congestion;
Delays in emergency services;
Road accidents;
Obstruction of pedestrians.
4 Public Sentiment
The demolition of unauthorized religious structures often generates emotional reactions, making enforcement difficult.
Need for Policy Reforms
To address the issue effectively, the following measures should be considered:
1. Strict implementation of Supreme Court directions.
2. Complete prohibition on new religious constructions on public land.
3. Time-bound identification and removal of encroachments.
4. Transparent policies applicable to all religions equally.
5. Greater public awareness regarding the distinction between faith and legality.
6. Relocation of certain structures where removal may lead to public unrest, provided public interest is protected.
Conclusion
Unauthorized construction of religious structures on public roads represents a complex intersection of faith, law, and governance. Respect for religion is a constitutional value, but so is the rule of law. Public roads and government land belong to all citizens and cannot be appropriated in the name of religious devotion.
From the perspective of a law student, the issue highlights an important constitutional principle: no right, including the freedom of religion, is absolute. The Constitution seeks harmony between individual liberties and collective interests. Permitting illegal encroachments solely because they are religious in nature undermines equality before law and weakens public confidence in legal institutions.
A secular democracy can protect religious freedom while simultaneously ensuring that public spaces remain accessible and governed by law. Ultimately, faith should inspire obedience to law, not justify its violation.
Frequently Asked Questions (FAQs)
1. Is constructing a temple or mosque on a public road legal?
No. Construction of any religious structure on public roads or public land without authorization is illegal.
2. Does Article 25 protect such constructions?
No. Article 25 is subject to public order, morality, and health and does not confer a right to encroach upon public property.
3. Can authorities demolish unauthorized religious structures?
Yes. Competent authorities may remove such structures in accordance with law and judicial directions.
4. Has the Supreme Court addressed this issue?
Yes. The Supreme Court has repeatedly directed state governments to prevent and remove unauthorized religious structures on public land.
5. Why is the issue significant?
Because it concerns the balance between religious freedom, public interest, and the rule of law.
References
1. Constitution of India, Articles 14, 19, 21 and 25.
2. In Re: Unauthorized Construction of Religious Structures on Public Streets and Public Places, (2009) 8 SCC 569.
3. Union of India v. State of Gujarat, (2010) 12 SCC 607.
4. Ahmedabad Municipal Corporation v. Nawab Khan Gulab Khan, (1997) 11 SCC 121.
5. Olga Tellis v. Bombay Municipal Corporation, (1985) 3 SCC 545.
6. M.P. Jain, Indian Constitutional Law, LexisNexis.
7. V.N. Shukla’s Constitution of India, Eastern Book Company.
