The Allahabad High Court ruled that no government permission is required to hold religious prayer meetings within private premises in Uttar Pradesh. The court said such gatherings are protected under Article 25 of the Constitution, as long as they do not spill into public spaces.
The Allahabad High Court has recently clarified that no permission is required to hold a religious prayer meeting inside a private property in Uttar Pradesh, as long as the activity remains within the private premises and does not disturb public order.
The ruling was delivered by a Division Bench comprising Justice Atul Sreedharan and Justice Siddharth Nandan while hearing two connected petitions filed by Maranatha Full Gospel Ministries and Emmanuel Grace Charitable Trust
The Court took note of the submission made by the State of Uttar Pradesh, which clearly stated that there is no legal requirement for seeking prior permission to conduct a religious prayer meeting inside one’s own private property.
Recording this submission, the Bench observed:
“Instructions have come from the State. Paragraph no.18 is relevant. It is very clearly stated that there is no prohibition on the petitioner to conduct religious prayer meeting within his private premises. It is also stated that equal protection of the law is accorded by instrumentalities of the State to all citizens across the State without discrimination with regard to religion or any other consideration,”
Based on this position, the High Court held that seeking permission from the government is not required for conducting religious prayers within private premises, as such activity is protected under Article 25 of the Constitution of India, which guarantees the fundamental right to freely practise and propagate religion.
However, the Court made it clear that this protection applies only when the prayer meeting is strictly limited to private property. If the religious activity extends beyond the private premises and affects public spaces, the situation would be different.
The Bench clarified this aspect by stating:
“However, if any occasion arises where it has to spill over the public road or public property, in such a situation, this Court mandates that the petitioner shall at least intimate the police and take any requisite permission under the law, if so require,”
The Court further emphasised that while permission may not be required in private spaces, the State has a duty to ensure safety and protection of individuals exercising their constitutional rights.
In this regard, the Bench observed:
“However, it is a concomitant duty on the State to ensure that property, rights and life of the petitioner are protected at all cost. How this is done is entirely discretion of the police,”
The petitions were finally disposed of with the clear observation that the petitioners are free to conduct religious prayer meetings within their private premises without any approval from the State, subject to the condition that public property or public roads are not used.
Advocate Manoj Kumar and Akal Raj Singh appeared on behalf of the petitioners in the matter.
This judgment reinforces the constitutional guarantee of religious freedom and provides clarity on the limits of State interference in religious practices conducted within private property in Uttar Pradesh.
Case Title:
Maranatha Full Gospel Ministries v State of UP and 2 Others
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