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Das (professional)     22 July 2012

Can this type of religious activity be labelled commercial?

I am a member of co-operative residential society staying on ground floor. on outskirts of Mumbai As a form of my religious committment I run many websites for giving information of our religion. It is totally run from my contribution & all these websites are totally free. To assist me, i have to take help of volunteers from my faith. Hence, everyday about 10 - 15 volunteers come on a regualr basis to assist me in my divine project. There is zero revenue but still as a compensation, I pay small token to all volunteers to take care of their daily expenses. Although society is not disturbed by the activity or visitors, thet are terming this activity as commercial. I can not afford a commercial premises for such philantrophic activity. I have tried my best to convince them in last one year but they are just not accepting. They are saying that there are many computers and the people are getting salary and hence its commercial. What should I do?



Learning

 4 Replies

N.K.Assumi (Advocate)     22 July 2012

I am of the view that from the ruling of the Seven Judges Bench of Supreme Court Judgment in Bengalore Water Supply Sewerage Board Vs Rajppa rendered 30 years ago,  it will be industry, as absence of profit motive objective is irrelevant. The debate goes on with the meaning of industry, but until the Industrial Disputes Act is amended suitably, the kind of activity that is run by you will be industry, like Milton: "I feel, yet from those flames, no light but darkness visible".

Democratic Indian (n/a)     22 July 2012

Assumi Sir, your observation appears correct. After reading the following Articles of the Constitution of India, it appears to me her act of paying money is economic/ financial activity. It is due to Article 25(2)(a). As per this one can only propagate religion without use of money, else the moment money is used, its use comes under domain of regulatory laws for economic/ financial activity. So propagation of religion is not free from State control, unless you are propagating religion without using any money and also not doing any other activities that are mentioned in Article 25(2)(a). Satisfying Article 25(2)(a) completely is practically next to impossible.

 

25. Freedom of conscience and free profession, practice and propagation of religion.—(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.
(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law—
(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.
Explanation I.—The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.
Explanation II.—In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.


26. Freedom to manage religious affairs.—Subject to public order, morality and health, every religious denomination or any section thereof shall have the right—
(a) to establish and maintain institutions for religious and charitable purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance with law.


27. Freedom as to payment of taxes for promotion of any particular religion.—No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.

N.K.Assumi (Advocate)     22 July 2012

I am glad that Ms.Das, has brought an issue, which reminds me of all my class mates during my days in LL,B., in Delhi University. I still remember that the meanin g of Industry under Industrial Disputes Act, took us about a month, more than the meaning of State under article 12 of the Constitution of India.

Das (professional)     23 July 2012

Thank you so much friends

Reading your response makes me worried

I am not collecting any money from any of our religious websites. They are totally free

The renumeration I give is just as a respect and is not like a job contract

Like minded mebers are coming together to render religious activity - in this case distributing information on internet about our religion

Its not that all the volunteers come everyday and for fix hours. They come as per their availiblity. 

Does it still becemoe commercial?

Please help me!


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