Calcutta High Court Upholds Article 14, Allows Ganesh Puja on Public Land, Rejects Discrimination Against Festivities

Keywords – Calcutta High Court, Ganesh Puja, Durga Puja Religious freedom, Article 14, Article 21, Asansol Durgapur Development Authority (ADDA)

The Calcutta High Court has granted permission to celebrate Ganesh Puja on a public ground that was earlier reserved for government functions and Durga Puja, highlighting the fundamental rights of equality and religious practice enshrined in the Indian Constitution.

The Asansol Durgapur Development Authority (ADDA) had initially disallowed the Ganesh Puja celebration on this ground, claiming it was exclusively reserved for Durga Puja and government events. However, the court found this decision to be in violation of Article 14 of the Constitution, which ensures the right to equality before the law.

Justice Sabyasachi Bhattacharya, presiding over the case, questioned the denial of permission for Ganesh Puja while allowing Durga Puja on the same grounds. He emphasized that there was no reasonable distinction between the two festivals in terms of using public properties. The court also pointed out that equating government programs with Durga Puja was absurd, as the latter held unique cultural significance and could not be placed on the same footing as government events.

The petitioners argued that the ground, being of a public nature, had previously hosted Durga Puja and, in 2022, ADDA had decided to restrict its use exclusively for Durga Puja. They contended that this was a violation of their right to equality and religious practice.

ADDA’s argument, citing Article 25 of the Constitution, suggested that the right to practice religion did not grant individuals the right to claim any specific property or place for worship unless it was an integral part of their religious sect’s practices.

The court clarified that this case was primarily about the petitioners’ rights under Article 14 of the Constitution, focusing on their right to equality. It stressed that the right to life under Article 21 included the right to practice and celebrate festivities and ceremonies, irrespective of their religious nature.

In its ruling, the Calcutta High Court directed ADDA to permit the petitioners to celebrate Ganesh Puja on the public ground between September 18 and September 22. The court also instructed the petitioners to maintain law and order during the festivities and return the ground to the authorities after the celebration.

This decision upholds the principles of equality and religious freedom enshrined in the Indian Constitution, ensuring that individuals have the right to practice and celebrate their religious and cultural festivities without discrimination.

Written by- Shuniti Sinha, College name –  Brainware University , Semester- 7^th, an intern under Legal Vidhiya

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