The Karnataka High Court has recently laid down guidelines to be followed by all city municipal corporations in relation to granting permission for temporary use of public roads and footpaths. This move has been undertaken with a view towards ensuring proper regulation and maintenance of public spaces, as well as citizens’ rights. The main observation from this initiative is that the right provided under Article 25 (freedom to practice and propagate religion) of the Indian Constitution does not extend to public roads and footpaths. Hence, even religious purposes do not justify the appropriation of such public areas.
Mechanics of Inspection
In order to grant any request made under the State Municipal Corporations Act for temporary road or footpath use, it is now an imperative for authorities to conduct an inspection of the premises in question, including roads and footpaths. Prior to granting any permission, a report must be obtained from the traffic police evaluating the impact of the proposed activity on traffic. This stems from a recognition of the importance of ensuring that no obstructions are created to the free flow of traffic, or limit the right of citizens to use footpaths freely.
Regulation of Temporary Structures
As per the new guidelines, permission for temporary structures on roads and footpaths can only be granted after confirmation that these will not disrupt traffic or pedestrian passage. Furthermore, corporations have been instructed against permitting digging up of roads or footpaths while granting permission for these temporary structures. The Supreme Court has previously decreed the right of citizens to use public roads for vehicle movement, and footpaths for walking (as per Article 21 of the Constitution), and these guidelines intend to safeguard this fundamental right.
Visibility of Permission
Another important stipulation within these guidelines is the requirement for the permission allowance and imposed conditions for erecting temporary structures to be displayed prominently at the location. Structures not providing visible proof of permission can be deemed illegal and are subject to removal.
Table: Key Aspects of Article 25 and Article 21
| Article | Description |
|---|---|
| Article 25 | Guarantees freedom of conscience and the right to freely profess, practice, and propagate religion. It includes inner freedom for an individual’s relation with God, declaration and open expression of religious beliefs, performance of religious worship, ceremonies, and rituals, transmission and dissemination of religious beliefs to others. |
| Article 21 | Assures protection of life and personal liberty, stating that no person shall be deprived of life or personal liberty except according to procedure established by law. This right is applicable to both citizens and non-citizens. |
The Spectrum of Article 25
As per Article 25, all individuals are equally entitled to the freedom of conscience and the right to freely profess, practice, and propagate their religion. This includes:
– Freedom of conscience: The internal freedom of an individual to establish his/her relation with God or Creatures in whichever way desired.
– Right to Profess: Freedom to declare one’s religious beliefs openly and without fear.
– Right to Practice: Rights to perform religious worships, rituals, ceremonies, and the exhibition of beliefs and ideas.
– Right to Propagate: The right to transmit one’s religious beliefs to others and exposition of religious principles.
Despite these freedoms, certain restrictions are imposed upon these rights due to considerations including public order, morality, health, and other fundamental rights related provisions. This allows the State to regulate or restrict any economic, financial, political, or secular activity associated with any religious practice.
Importance of Article 21
Article 21 of the Constitution enshrines the protection of life and personal property. It articulates that no person can be deprived of their life or personal liberty, save as per the procedure established by law. This right is extended to all persons, be it citizens or non-citizens.
