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Must religious beliefs impede development, wonders apex court
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NewsByte on 06 May, 2008 02:51:00
 
Its observation came as lawyers argued before it that the dredging of the Ram
Setu to develop a shorter navigational sea route around the Indian peninsula
would go against religious beliefs, which enjoy constitutional protection and
cannot be allowed to be disturbed.
Ram Setu, also known as Adam's Bridge, is a chain of limestone shoals 48 kms
long. Many Hindus believe that it was built during Lord Ram's era to facilitate
his journey from southern India to Sri Lanka.
"But people consider even earth as mother and worship it; does it mean there
should be no construction on it? They even worship the Himalayas, does that mean
no stone can be removed from there?" asked the bench. "How will it make a
difference if 300 metres of the Ram Setu is cut (to make the passage for the
ships)?" it asked.
One answer to the poser came from senior counsel C S Vaidyanathan, who said:
"It will destroy the fundamental character of the bridge. A bridge is a bridge
because it joins two land masses. If a part of this is destroyed, it will no
longer be a bridge."
Senior counsel Soli Sorabjee said: "A religious belief, which is genuinely and
conscientiously held over a long period by a substantial number of adherents of
a particular religion, becomes an integral part of that religion and is entitled
to protection under Article 25 of the constitution."
He added that, unless found mitigating with public order or morality, a
religious belief cannot even be subjected to any restriction for the sake of
"public interest" as the constitutional freedom of speech and expression is
subjective.
Sorabjee pointed out to the bench that freedom of religion also implies freedom
to practice various rites and rituals associated with it and state has no
authority to interfere with or ban those practices.
“ The court cannot sit in judgement over beliefs,” Sorabjee put
forth firmly.
Senior counsel K Parasaran told the court that the demolition of the Babri
Masjid in Ayodhya in 1992 was an unfortunate event and wounds arising out of it
were yet to heal. "The destruction of any part of the Ram Setu would leave a
bigger scar on the religious faith of the Hindus," he said.
As the court resumes its hearing on Wednesday, it would be the turn of former
central minister and Janata Party president Subramanian Swamy to present his
argument in favour of protecting the Ram Setu. (IANS)