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Madras High Court Restricts Bhajans in Residences

Why in the News ?

The Madras High Court ruled that Nama Sankeerthanam (devotional chanting) cannot be conducted in residential premises without prior permission from the District Collector, emphasizing that freedom of religion under Article 25 must not disturb public peace or privacy.

Court Ruling and Observations:

  • Justice N. Anand Venkatesh observed that what is divine for some may be a nuisance to others.
  • He ruled that Nama Sankeerthanam or similar congregational chants need Collector’s permission for use of residential premises as a prayer hall.
  • The decision came during a writ petition filed by Prakash Ramachandran against the use of his neighbour’s home by Global Organisation for Divinity (GOD).
  • The petitioner alleged that the chanting caused disturbance to local residents.
  • The judge emphasized that peace and silence are the true forms of prayer, and noisy practices cannot override others’ rights.

Residents’ Response and Legal Arguments

  • The respondents claimed they had the consent of other neighbours and cited their constitutional rights under Article 25.
  • They argued that chanting god’s name promotes peace and well-being.
  • The court clarified that consent from all residents isn’t required for disturbance to be valid—even one affected individual’s right matters.
  • The judgment underscores that religious rights do not trump others’ right to peace in residential areas.
  • It sets a precedent on maintaining equity in application of law for all religious practices.
Understanding Article 25 and Religious Freedom in India:


●  Article 25 guarantees the freedom of religion to all individuals in India.

●  However, this right is subject to public order, morality, and health under the Constitution.

●  Religious activities in residential or public spaces may be regulated by authorities to ensure communal harmony.

●  The ruling highlights the balance between individual religious rights and neighbourhood peace.

●  Legal permission (e.g., from the District Collector) is necessary for transforming private spaces into congregational venues.