Statutory power of a charitable organisation
Rajagopal.D
(Querist) 13 September 2011
This query is : Resolved
Palliyoda Seva Sangham, an association of Snake boats, which is registered under the charitable societies registration act in Kerala prohibited one of its members- a section of people in an area- to participate in a ritual conected with a temple in Kerala.
Please inform whether this association has the power to prohibit from anobody from his right to worship. If the right has been violated what will be the remedy and what will be the chance of getting damage. What will be our next strategy.
Advocate Rajkumarlaxman
(Expert) 13 September 2011
UNDER CONSITUTIONAL LAW, YOU AN MOVE HIGHCOURT DENYING THEIR RIGHT FOR WORSHIPING. THEY CANNOT MAKE AND DENY SUCH THING, IT WOULD NATURALLY BE AGAINST CONSTITUTIONAL LAW. YOU HAVE EVERY RIGHT FOR IT. THEY CANNOT EVEN MAKE ANY SUCH BYE-LAW WHICH IS CONTRARY TO CONSTITUTION.
Shailesh Kr. Shah
(Expert) 13 September 2011
Agree with Advocate Rajkumarlaxman.
Association has violated the provisions of Article 25 of the Constitution of India.
Extract of Article 25:-
(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right
freely to profess, practise and propagate religion.
(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making
any law—
(a) regulating or restricting any economic, financial,
political or other secular activity which may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a
public character to all classes and sections of Hindus.
Explanation I.—The wearing and carrying of kirpans shall be deemed to be included in the profession of the
Sikh religion.
Explanation II.—In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or
Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.
