Lulu Mall Namaz Row: What Rules Are Public Places Governed And What Are The Rules Regarding Doing Any Activity On Them What does the law say about doing this in public places?
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There has been a ruckus in Lucknow’s Lulu Mall after some people offered Namaz. Hinduist leaders have threatened that if permission is given to offer Namaz in the mall, they will recite Sundar Kand and Hanuman Chalisa there. After this, the police swung into action and registered an FIR against the accused of offering Namaz in a public place. Before this, a controversy has erupted in the social media even before the talk of some people offering Namaz at Delhi Airport. In such a situation, the question is, by which rules are the public places governed and what are the rules related to doing any activity on them?
Senior Supreme Court lawyer Ashwini Dubey told Amar Ujala that malls, hospitals, religious places like temples-mosques, cinema halls, courts, procession houses or parks all come under the category of public places. But all these places are made for a specific purpose and can be used only for the desired services in their category. Different services also require different licenses. The administration wants to ensure that there should not be any disorder in the event of any program being held.
If a public place is used for a service other than the prescribed service, it is considered a violation of services. Like a park is made for walking, exercising, but if this place is used for marriage or other events, then necessary permission has to be taken from the administration, a fee has to be paid for it. Without this, this activity will be considered illegal there.
According to Ashwini Dubey, the mosque itself is a public place. It is absolutely right to offer Namaz here. But when the same Namaz is offered at any other public place like mall, cinema hall or airport, then it is legally wrong. Its premise is that these places are considered secular. People of all religions come here and do their respective work. If these public places are used for a particular religion, then it can be inconvenient to people of other religions, so prayers, worship or other religious work cannot be done in any public place.
can’t stop the way
Former ACP of Delhi Police Ved Bhushan said that roads also come under the category of public property. Stopping them and offering Namaz deprives another person of the right of movement, so blocking the roads for any religious work is illegal under section 283 of the Indian Penal Code. Several other sections can also be invoked in this regard. That is why, before taking out processions, permission is taken from the police administration, so that it can make adequate security arrangements, as well as provide alternative routes to other users of those roads.
It is mandatory to provide these services
Delhi’s former Disabled Public Commissioner TD Dhariyal said that any public service has to follow public place rules. For this, it is necessary under the rules to have a ramp for easy access to all the places from getting the facilities to going to the bathroom. The institution can be penalized for not having a ramp.
Also, it is mandatory to provide free toilet facilities to the people in petrol pumps, cinema halls, hotels or malls. Even if a person is not taking any service of the hotel or mall, it is mandatory to provide free toilet and drinking water facility to the people. Hotels cannot charge any fee for providing normal water to their customers, while companies cannot charge any fee for branded water without adding any additional service.