Allow Cookies!
By using our website, you agree to the use of cookies
An ineluctable conclusion made by the Manipur High Court regarding professing of a religion has answered many unspoken questions and opened a new door towards one’s own religion. In pursuance of this, the court said that the provisions of a village constitution which lays down that there shall not be any denominational activity dividing the existing religion i.e, Baptist Christianity is void in law and hence violative of Article 25 and 26 of the Indian constitution. The Manipur High Court has also held that these particular village constitutions are not only violative but also illegal and unconstitutional.
The Manipur high court was approached by four people who claimed to be residents of Sharkaphung/Leingangching. They were forcibly expelled from their villages by the respective authorities who were from initially Baptist Christians, adopted by the Romans in the catholic year of 2009. Village constitution mandates that other than Baptist Christianity, no other denominational activity will be allowed to be practiced in the village. Thus, if a person seeks to profess and practice Catholic faith in the village and it is not the part of Baptist Christianity, he cannot do so in the village because of the provisions.
Acting chief justice N Kotishwar observed that ‘the village authority, in any case, has no power or order to banish villagers”. The court also said that if any citizen of this country is banished and that too on the ground that he has converted to other religion, it will be violative of not only article 19(1)(d) and (e) but also of article 25 and 26. It will also result in the violation of Article 21 that no person shall be deprived of personal liberty.
The court held their fundamental right to reside and settle in the said village and said that “the villagers have right to follow the Baptist Christianity and can also manage their affairs in tune of professing such principles and practices. However, it cannot come in the way of the religion of petitioners as it is their fundamental right to profess Catholic Christianity as guaranteed under the constitution, they would have also right to establish and maintain their institution for religious and charitable purposes and managing their own property.”
86540
103860
630
114
59824