Yogi Adityanath government in Uttar Pradesh bans offering Namaz on the roads across the state:

Introduction:

The state government’s decision to forbid the offering of Namaz on rooftops and roadways during Alvida Jumma (the final Friday of Ramadan) and Eid-ul-Fitr in districts like Sambhal, Aligarh, Lucknow, and Meerut has put Uttar Pradesh at the center of controversy once more.

The UP government’s directive to prohibit Namaz on roads and rooftops during Alvida Jumma and Eid has triggered sharp political and community reactions. Although authorities point to traffic and public safety issues, some contend the action exacerbates an already existing conflict between government, religion, and the law.

After a limited ban on performing Namaz on roads was successfully implemented in a few areas of the state, including Meerut and Aligarh, Uttar Pradesh decided to completely outlaw the practice.

Director-General of Police (DGP) OP Singh on the Ban:

DGP confirmed the ban on Tuesday, stating that all district police chiefs and other authorities had received instructions to make sure that no Namaz was offered by blocking roads. “The district administration may permit this practice on special occasions, such as when a sizable crowd gathers to offer prayers on festivals, but it will not be permitted as a regular practice during every Friday prayer,” he stated.

The DGP added that district authorities have been requested to meet with clerics and mosque administrations in different districts to raise awareness of how Namaz on roads disrupts smooth traffic flow and causes other issues, following their success in places like Meerut and Aligarh.

He attested that the Aligarh district administration had successfully enforced a comprehensive circular prohibiting Namaz on roadways in addition to hosting similar sessions with clergy and mosque administrations.

Singh said that if such religious groups disrupted traffic or inconvenienced other communities, they would not be permitted to take place on public highways.

For a long time, the Uttar Pradesh government has been very strict, prohibiting all religious activities, including Namaz, on public highways. On June 8, namazis gathered outside Bareilly, Uttar Pradesh’s Chowki Chouraha Masjid to offer Friday Namaz in the street, but were stopped by the UP police. They were thwarted, nevertheless, when the UP police decided to obey the order and prevented the crowd from performing Namaz on the street.

WHY IS IT BANNED? QUESTIONS OF SAFETY OR POLITICAL STRATEGY?

In Uttar Pradesh, the state government has implemented a number of steps in recent years, including the Namaz limitations, which were not a sudden decision. Public safety and traffic control are the two main justifications offered by the government for the action.

“A peace committee meeting was held in Kotwali, Sambhal, with people from all religions and communities. It was clearly communicated and ensured that prayers will be conducted inside mosques and Eidgahs only, and not on the streets. Issues related to electricity and water were also addressed and will be resolved in time. Compliance with the rules was also emphasized. The zonal sector arrangement remains in place as before, and an adequate police force will be deployed. It will be ensured that prayers are not conducted on rooftops,” ASP Shrish Chandra stated during a peace committee meeting held at Sadar Kotwali, Sambhal.

In districts such as Meerut and Aligarh, authorities pointed to past incidents where rooftops had collapsed under the weight of too many people, posing a significant safety hazard.

A POLITICAL FALLOUT:

Strong political reactions have been sparked by the government’s action, especially from the Samajwadi Party (SP), which has a sizable Muslim support base. Ziaur Rahman Barq, the MP for Sambhal, charged that the Bharatiya Janata Party (BJP)-led government was trying to restrict Muslim religious freedoms in the name of upholding law and order.

“Safety is not the issue here. The BJP government is systematically erasing our traditions and does not want Muslims to pray in public,” Barq claimed, threatening to appeal the ruling in the Allahabad High Court.

Nonetheless, the ruling BJP defended the ruling, claiming that the action was meant to standardize the laws governing religious assemblies in public areas. In Lucknow, a BJP spokeswoman stated: “Every community must abide by the norms. The government has simply made sure that Namaz is held in approved locations; it has not outright prohibited it. Religious ceremonies of other faiths are also subject to similar limitations.”

Despite the government’s defense, Opposition parties — including the Indian National Congress and All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM) — have criticized the restrictions, calling them politically motivated and an attempt to polarize communities ahead of the upcoming elections.

THE VIEWS OF LEGAL EXPERTS:

Lucknow-based senior counsel S. Mohammed Haider, an authority in constitutional law, offered his thoughts on the dispute. Terming it “a battle between law, faith, and politics,” he stated that the Uttar Pradesh government’s directive raises important questions about the balance between religious freedom and public order.

He clarified that every Indian citizen is entitled to freely practice, profess, and spread their religion under Article 25 of the Indian Constitution. However, this right may be subject to reasonable limitations imposed for the sake of morality, public health, and order.

“Religious meetings in public areas may be restricted by the government if they endanger public safety or disturb the peace. However,” Haider noted, “such laws must be implemented consistently and not single out any particular faith community.” He went on to say that the action can be legally contested as a breach of fundamental rights if the administration does not provide sufficient substitute locations for prayer.

The Uttar Pradesh Police have, however, given severe cautions and threatened to file a formal complaint against anyone who disobeys the orders. Violators may also have their driving licenses and passports revoked, which would prohibit them from traveling overseas, even for the Hajj pilgrimage. Tensions have increased as a result of this unusual warning, and local authorities are now wondering why such severe sanctions are being suggested for a religious practice.

Regarding the possibility of filing a formal complaint and having one’s passport revoked, Haider said that such harsh measures would be out of scale and illegal. He thinks the judiciary would probably look for a more balanced approach if it were challenged in court, guaranteeing both the right to worship and public convenience.

JUDICIAL PRECEDENT:

The Madras High Court declared last year that it is illegal to infringe on public areas in order to conduct prayers. On July 18, 2018, a bench of Justices N. Kirubakaran and Krishnan Ramasamy noted that while everyone has the legal right to pray at their home or place of worship, they are not allowed to do so in a public area where it might annoy other people.

Furthermore, following this decision, the Noida police also sent out an advisory notice to businesses in Sector 58 in December 2018, requesting that their management discourage their staff from going to neighboring parks to perform Namaz.

The district magistrate’s directive that “no religious activities,” including Namaz, may be conducted in the authority parks was referenced in the Noida police order sent to the businesses. Additionally, the police stated that mosques and Eidgahs ought to offer Namaz.

CONCLUSION:

A contentious discussion has been triggered by the recent controversy over Uttar Pradesh‘s restriction on reading the Namaz on public highways. This dispute leads to the conclusion that the prohibition is an effort to strike a balance between the necessity to preserve public order and facilitate traffic flow and the right to freedom of religion.