Karnataka HC notice to state on plea challenging survey of churches

The Karnataka High Court on Monday ordered notice to the state government in response to a PIL challenging the order on survey of the churches in the state.

A division bench, headed by Chief Justice Ritu Raj Awasthi, was hearing the petition filed by Peoples Union for Civil Liberties (PUCL), Karnataka.

The petition has challenged the communication issued by the state government seeking information relating to churches in the state. The petition claimed that the communication amounts to discrimination and persecution of the minority community. The letter dated July 7, and 9, 2021 intends to collect data related to the churches’ location, with name of the district, taluk, Vidhan Sabha constituency, name of the institute, address, khata number, survey number and also the name of the pastor/father.

The petitioner said that the survey was intrusive and seriously interferes with the fundamental right to privacy of religious minorities in the state. Appearing for the petitioners, senior advocate Prof Ravivarma Kumar argued that the communication selectively targets Christian community and seeks to persecute them in the guise of the survey.

He said that the letter does not explain the purpose of collecting information about churches, nor does it explain why such information relating to only churches is being collected. He said the state government does not have the authority to adopt a pick and choose method only to collect information about the churches.

The petition said the genesis of the survey is a letter addressed by a local MLA from Hosadurga constituency. Prof Ravivarma Kumar said that a similar circular issued in 2008 was contested in the high court and the state government gave an undertaking and withdrew the communication.

The petition has claimed that the communications are illegal, void, discriminatory in nature and violate the fundamental rights guaranteed under Articles 14 and 21 of the constitution. The petition said that Karnataka Minorities Commission Act, 1994 does not empower the Commission to collect and maintain data of churches.