Madras HC: Right To Religion Takes Back Seat When Right To Life Is Threatened; PIL To Reopen Temples Declined

Factual Background

• The State Government of Tamil Nadu had announced reopening of the temples with certain restrictions, keeping in mind the COVID-19 situation.
• A petition was filed before the Madras High Court which requested the reopening of temples in the State of Tamil Nadu.

Court’s Opinion

• The Court dismissed the matter emphasizing the importance of non-interference of Court in the matters of State unless the actions are arbitrary and baseless.
• The decision to keep the religious places closed was a strategically planned action by the State taking advice from experts.
• The Court had declined the resuming of bus services in less affected areas and also for reopening of the Courts as well.

Principle

• Right to practice religion is a fundamental right subject to reasonable restrictions.
• But Right to life would supersede the Right to practice religion.
• “The Right to practice religion is certainly subservient to Right of life and when the Right to life is threatened, the Right to practice religion can take a backseat.”

What do you think should be the safest and reasonable decision at this point? Tell us in the comments below!