The Kerala High Court, in a recent judgment, made it clear that displaying unauthorized banners of religious sites in public spaces does not constitute a religious practice. This statement came from Justice Devan Ramachandran during the court proceedings of St Stephen’s Malankara Catholic Church Kattanam Village v State of Kerala.
Justice Ramachandran addressed the non-action of authorities towards illegal banners and boards, attributing this oversight to either fear or mistaken beliefs about their religious significance. “Placing banners of temples, churches, or mosques in public thoroughfares does not equate to practicing religion. This much is clear and should be stated unequivocally,” he remarked.
The discussions were part of a broader hearing concerning numerous cases related to the persistent issue of illegal billboards and banners in public spaces. Despite previous orders from the court demanding a ₹5,000 fine per violation under the Kerala Municipality Rules, compliance was lacking, especially with banners promoting political entities.
The judge voiced his frustration over the ongoing disregard for public space by politicians and questioned the effectiveness of the imposed penalties. “Pictures of ministers on these boards are unacceptable. Are political parties being fined as required?” he inquired. He also highlighted the dangers these obstructions pose to drivers and noted the general public’s overwhelming disapproval of such displays.
The court also touched upon the hesitance of local self government institution secretaries to implement fines, likely due to fears of reprisal from political groups. Justice Ramachandran stressed the importance of governance by law rather than by fear, indicating a critical need for enforcement without political interference.
In a move to ensure accountability, the court declared that it would hold the secretaries personally responsible if the unauthorized banners are not removed. Furthermore, the court directed the police to intervene if these officials report any threats.
To address the ongoing issue, the Court has summoned the Secretary of the Local Self Government Department of the State to participate in the next online hearing.
