The
Kerala High Court has directed that no illegal religious places should be
permitted on government land, irrespective of the religion.
The
High Court said that God is "omnipotent" and is everywhere, including
in the bodies of believers, their homes and wherever they go.
"Therefore,
the believers need not encroach upon government land to construct religious
structures. Let it be distributed to landless people and used for mankind. God
will be more happy in such a situation and will shower blessings on all
believers," Justice P V Kunhikrishnan said.
The
direction and observations by the court came on a plea by the Plantation
Corporation of Kerala Ltd seeking directions to the state government, police
and Pathanamthitta district authorities to identify the properties leased to it
and evict all the encroachers from there.
Allowing
the Corporation's plea, the court directed the authorities to identify the
properties leased to it and "evict all encroachers including illegal religious
structures constructed on the government land, forthwith, at any rate, within a
period of six months from the date of receipt of a copy of this judgment".
The
May 27 order of the court also directed the Chief Secretary to instruct all the
District Collectors to conduct an enquiry to find out whether any illegal
unauthorised stones or cross or other structures are erected with a religious
colour on any government land by any religious group.
"The
District Collectors shall conduct such an enquiry within a period of six months
from the date on which the orders are received from the Chief Secretary of the
state.
"Once
any illegal religious structures are found in the government land, the
jurisdictional District Collectors with the aid of the police department shall
evict the illegal religious structures from the government land, within a
period of six months after the enquiry is conducted as directed above, of
course after hearing the affected parties if any," the court said.
It
also directed that a report regarding the action taken as ordered by the court
shall be placed before it within one year.
It
said that the Collectors should take action within the time schedule "so
that we can live with communal harmony to strengthen the country as a sovereign
socialist secular democratic republic as enshrined in the preamble of our
Constitution".
Justice
Kunhikrishnan, in his order, observed that every religious denomination or any
section thereof has the right to establish and maintain institutions for
religious and charitable purposes.
"That
does not mean that the citizens can do anything which may lead to communal
disharmony. Nowadays, it is a trend to erect some stones or cross in public
places and government land claiming religious importance to that place and
thereafter to start worshipping these stones and cross with religious colour.
"Subsequently,
this will lead to temporary constructions and ultimately permanent construction
treating it as a religious place. If people start to construct illegal
religious structures and buildings in public places and government land, it may
create friction among the religions which will definitely lead to religious
disharmony," the court said.
The
Corporation, in its plea, had said that in the name of religion, there has been
a conscious attempt by certain political groups to trespass into its properties
and to take possession of the same.
It
had claimed that when it had opposed such moves, there were serious law and
order problems.
The
Corporation had also said that workers employed by it in the plantations live
in the accommodation provided by it known as 'LAYAM'.
Most
of its employees believe in Hindu religion and in the absence of places of
worship near the LAYAM, they erected small buildings and placed deities in
them, it had said.
The
police had told the court that the Corporation had not opposed the erection of
such small temples for the worship of its workers, but gradually, the local
residents intervened in the affairs of such temples and they tried to erect new
buildings nearby such temples.
This
created friction between the Corporation and local residents, the police had
said, adding that the small temples established by the workers were very old
and easy to remove, but will create law and order issues.
The
court said that "this is how illegal structures were emerging in the state
under the guise of religious worship".
"Kerala
is a small state in which there are hundreds of temples, churches and mosques.
Kerala is known as 'God's Own Country'. Kerala is a state where the population
is high. The government is taking steps to distribute the government land to
hundreds of landless people. Some of the land is given for plantation on lease.
"Such
places cannot be utilised for religious purposes. It will only create religious
disharmony in the state. If one religion is allowed to erect its deity in a
government land, the other religions also will start to erect their religious
institutions. This will only create problems, including law and order issues in
the state," the high court said.