State obliged to treat all faiths equally, says SC

Says compensation to shrines under govt scheme

The Supreme Court on Tuesday said the state is obligated under the Constitution to treat persons of all faiths and religions with equality.

It set aside Gujarat High Court directions of February 8, 2012 for assessing damage caused to mosques, dargahs, graveyards, khankahs and other religious places and institutions during the communal riots in the state in 2002.  

A bench of Chief Justice Dipak Misra and Justice Prafulla C Pant approved the state government’s scheme framed in 2013 following orders issued by it.

The state government had decided to pay ex gratia assistance up to Rs 50,000 to all religious places damaged or destroyed during the communal riots at par with assistance to similar damage to houses, subject to certain conditions.

The court said protection of property and places of worship is an essential part of secularism. The freedom of individual has to be respected and there has to be tolerance for each other.

The court highlighted the principle in the constitutional scheme framed for concrete sustenance of national unity and integrity.

Acting on a PIL filed by NGO Islamic Relief Committee of Gujarat (IRCG), the HC had then directed the state and its functionaries to make detailed survey of the religious places and institutions desecrated, damaged or destroyed during the 2002 communal riots.

The high court had then directed the principal judges of 26 district courts of the state to receive applications for compensation for damage to religious structures in their respective districts and decide on it.

 On an appeal against the directions, the apex court noted that the power of the court of judicial review to grant compensation in public law is limited. It also took into considerations guidelines framed following recommendations by the Justice K T Thomas Committee and F S Nariman Committee.

The court directed all claimnants to approach the state government within eight weeks under the scheme. The state would consider their claims within three months time, it said.