The Religious Institutions (Prevention of Misuse) Act, 1988
The Religious Institutions (Prevention of Misuse) Act, 1988
Introduction
Enacted in 1988, this Act aims to prevent the misuse of religious institutions for political, unlawful, or harmful purposes.
The need for such a law arose because many religious places like temples, mosques, churches, gurudwaras were being used for political propaganda, unlawful shelter, or storage of weapons.
It ensures that religious places remain only for religious, social, and charitable purposes, and not for disrupting public order or national integrity.
Objectives of the Act
To prohibit the use of religious institutions for political activities.
To prevent storage of arms, ammunition, explosives, or harmful substances in such institutions.
To prohibit giving shelter to criminals or anti-social elements.
To ensure religious institutions are used only for religious, educational, cultural, or charitable purposes.
Key Provisions
Section 3 – Prohibition of Political Use
Religious institutions cannot be used for:
Political meetings, speeches, or campaigns.
Display of political flags, symbols, slogans, or posters.
No religious head or manager can allow such activities.
Section 4 – Prohibition of Arms and Ammunition
No one is allowed to store weapons, explosives, or harmful substances inside a religious institution.
Section 5 – Prohibition of Harboring Criminals
Religious places cannot be used to harbor criminals, terrorists, or persons wanted by law.
Section 6 – Penalty
Imprisonment up to 5 years and fine for violating the provisions.
Section 7 – Power of Authorities
The police and authorities are empowered to inspect and take action if they find misuse of a religious institution.
Importance of the Act
Maintains secularism by separating religion from politics.
Protects law and order by preventing religious places from being misused by anti-national or criminal groups.
Promotes the true purpose of religion – spirituality, peace, and social service.
Case Laws
Ismail Faruqui v. Union of India (1994)
Supreme Court held that mosque, church, or temple is not essential for practicing religion, though they are important places of worship.
This principle supported the idea that religious places cannot be misused for political or illegal purposes.
Akhil Bharat Hindu Mahasabha v. State of U.P. (1992)
The Allahabad High Court observed that religious institutions cannot be allowed to become political arenas.
Upheld restrictions under this Act as reasonable and necessary for maintaining public order.
State of Karnataka v. Dr. Prabhakar (1996)
The Karnataka High Court held that using temples for political speeches and propaganda violated this Act.
Punishments under Section 6 were confirmed.
Conclusion
The Religious Institutions (Prevention of Misuse) Act, 1988 plays a vital role in ensuring that religious institutions are not diverted for political gain, criminal shelter, or unlawful activities. It strengthens secularism, national security, and public order by keeping religion separate from politics and crime.
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