The Supreme Court has set aside a Gujarat HC order on repair of shrines damaged in Gujarat riots.
What was the case about?
A PIL filed by the Islamic Relief Committee of Gujarat (IRCG), demanding a survey on and compensation for the religious places damaged in 2002 post-Godhra communal riots.
The Gujarat High Court ordered the state government to give monetary compensation to all religious places damaged.
It did not set any limit on the compensation amount and directed the state government to pay in favour of persons in charge of the religious places.
It also appointed principal district judges as special officers to decide the amount required for restoration of religious places within the territorial limit of their respective court.
SC has reversed the High Court’s order.
What is the rationale behind the SC's order?
SC has accepted the state's argument that using “substantial part” of the tax-payers’ money for paying damages to destroyed religious structures would violate Article 27 of the Constitution.
Article 27 forbids the state from compelling a person to pay taxes for promotion or maintenance of any particular religion or religious denomination.
The HC's order was challenged by the state government which came up with a new compensation scheme.
The scheme places the riot-affected religious structures on par with “houses destroyed or damaged” in the violence.
It agrees to pay a maximum of Rs 50,000 as compensation to all places of worship damaged in the riots.
The SC has agreed to this scheme, as the maximum amount as ex-gratia assistance is fixed.
Also, the power to determine the ownership or administration rights of religious places concerned is conferred on the district collector.
Moreover, the terms and conditions for claiming the amount are clearly prescribed in the scheme and are reasonable.
