The Bombay High Court refused interim relief for Chhath Puja at Girgaum Chowpatty, holding that religious freedom under Article 25 is subject to public order, health, and morality.
Bombay High Court Denies Interim Relief for Chhath Puja at Chowpatty
The Bombay High Court on Monday declined to grant urgent interim relief to Mithila Chhath Puja Sangh seeking permission to conduct Chhath Puja rituals on November 15 and 16 at Girgaum Chowpatty in South Mumbai. A vacation bench comprising Justice Advait M Sethna and Justice Ranjitsinha Raja Bhonsale emphasized that while Article 25 of the Constitution guarantees the right to freedom of religion, it is subject to considerations of public order, morality, and health.
The petitioners had sought authorization to perform the rituals at the coastal site, a traditional location for such observances. However, the Court observed that the State had legitimate concerns regarding traffic disruption, environmental impact, and sanitation. It noted that the decision to permit public religious gatherings lies within the executive’s discretion when public infrastructure and civic services are involved.
The Court stated: "While the petitioners’ religious sentiments are acknowledged, the State must ensure public order and safety are not compromised."
The ruling reaffirms the constitutional balance between individual religious rights and state responsibilities. Practitioners should note that interim relief in matters of public religious practice will require compelling justification, particularly when large-scale civic disruption is anticipated. The decision may influence similar litigation over space utilization and religious expression in urban centers.
Citations
- Mithila Chhath Puja Sangh v. State of Maharashtra
