The Supreme Court upheld the
order of the Gujrat High Court to pay compensation to over 500 shrines damaged
during the 2002 riots following the Godhra train carnage. The Court refused to
entertain the plea of the state government against the High Court’s order.
The right to follow one’s
religion is a fundamental right under Articles 25 to 28 of the Constitution of
India. Article 25 gives the right to freely profess, practice and propagate
religion. The Constitution guarantees that subject to public order, health and
morality, all persons have a right to practice their religion.
A shrine or a place of worship is
held in high reverence in its religion and will be a part of the essentials of
practicing a religion. Further, any act of damaging or destroying any place of
worship would amount to hurting the sentiments of the community at large.
Further, under the provisions of
Section 295 of the Indian Penal Code, destroying, damaging or defiling any
religious place is punishable with an imprisonment for a term up to two years
and/or with fine. An essential element under this section is the presence of
the mens rea and the fact that the place or object musr be held in high
reverence by some religious group.
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