ADF INDIA

Guidance Note: Church Permissions

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This guidance note gives a brief overview of the legal provisions regarding the right to propagate one’s religion as guaranteed under Article 25 of the Constitution of India.The Hon’ble High Court of Madurai in R. Jeganathan Israeal has ruled on this issue and upheld the point of law that in lieu of Article 25 of the Indian Constitution no prior permission is required to hold prayers in a church/home church. Similarly, the High Court of Allahabad in some PIL’s has upheld the fact that no prior permission is required.

The guidance note also discusses the role of the State Municipal Corporations, the Panchayat Raj Acts and the Police Act in regulating religious Activities including religious processions. While the Municipal Corporations to some extent regulate the property owned by religious communities on issues of tax, recovery of arrears, slaughter of animals and graveyards, the Panchayat Raj Acts mandates permission to be taken if alteration or construction is made.
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