Sukumaran Kani and Anr. v. State of Kerala and Ors.[WP(C).No.29279 OF 2017(H)] - Synopsis
Team SoOLEGAL 14 Apr 2021

KERALA HIGH COURT: NO RELIGIOUS BELIEF IS ABOVE ENVIRONMENT

 

Recently, in the case of Sukumaran Kani and Anr. v. State of Kerala and Ors.[WP(C).No.29279 OF 2017(H)], the Kerala High Court’s bench comprising Justice N Nagaresh delivered the judgment regarding an Unbridled Right To Conduct Pilgrimage Inside A Reserve Forest Land, giving importance to the environment rather than any religious belief.

Indian Constitution being the supreme law of the land has the sacred responsibility to ensure thatthe rule of law is being followed. In this conjuncture it is important to assert the importance of the Part-III of Indian Constitution which enshrines the fundamental rights that an individual enjoys as an entitlement. However, one has to remember that none of the fundamental rights are absolute in nature as reasonable restrictions can be imposed on them. While this is one side of the coin, the other being the balance of notion when a situation involves apparent clash of interest in regards to realization of two or more fundamental rights.

In this backdrop thiscaseholds utmost importance. Thusin this case the High Court of Kerala had to harmonize two of the most important fundamental rights, which are:

A. Right to healthy and wholesome environment under Art 21

B. Right (Freedom) to profess, practice and preach religion.

The Honorable court had to determine the question as to whether Diocese and its followers could conduct pilgrimage in the area and set up crosses at various parts of the Bonacaud Forest Area. It is to note that BonacaudKurishumala, is part of the Peppara Wildlife Sanctuary in Vithura, Thiruvananthapuram which is a reserve forest. Thereby to protect and preserve the ecology of such reserve forest, the court didnot entertain the claims of the petitioner and asserted that

“No religious community has an unbridled right to conduct pilgrimage to any place inside a Reserve Forest land. If any group of people forcibly enter any Reserve Forest Area and construct any structures unauthorizedly, such structures are liable to be removed by the Forest Authorities in accordance with law”

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