SC on Shrines & Statues

In an order that will be welcomed by civic bodies and bring relief to citizens, the Supreme Court has banned the construction of religious structures or installation of statues of public figures on roads, pavements and sideways.
The ruling addresses an issue common to all Indian cities and towns where unauthorized religious structures —often thinly disguised cases of land grab—have sprung up on public and private land and are obstructing roads and inconveniencing citizens.
Often political interests and religious sentiments render government bodies helpless when it comes to stopping illegal constructions. “Henceforth, states shall not grant permission for any statue or structure on public roads, pavements, sideways and other public places,” the SC said.


The bench said the time has come to ban construction of temples, mosques, churches and gurudwaras on public places abutting roads which significantly restrict movement of vehicles leading to long traffic snarls. After issuing the ban, the court clarified that it would not apply to installation of streetlights, mask lights or other public utility services.
On existing unauthorized religious structures on roads, the bench took a nuanced position recognising that removal of such construction is not an easy task for either the municipal authorities or the police. It said these could be removed without creating a law and order problem.
“Public road is not anyone’s property. Each citizen has a right to use the road and that right cannot be interfered with or impeded by constructing a temple, mosque, church or gurudwara or by installing the statue of a public figure,” said Justices Lodha and Mukhopadhaya.
The order came on an application by K R Pradeep Kumar of Thiruvananthapuram district during the hearing on the issue of removal of religious structures encroaching into areas earmarked for roads. The court had, in an interim order on September 29, 2009, directed that henceforth no unauthorised construction shall be carried out or permitted in the name of temple, church, mosque or gurudwara on public streets, public parks or other public places. The direction is now a final ruling.
In respect of unauthorized constructions of religious nature that have already taken place, state governments were asked to review these on a case to case basis and take appropriate steps as expeditiously as possible. The court on Friday asked the amicus curiae to collate the policy of each state on this issue for scrutiny after four weeks.