The law behind the Thekkinkadu Maidan order: the Religious Institutions (Prevention of Misuse) Act

Background

The Kerala High Court order on the use of Thekkinkadu Maidan in Thrissur rests on the Religious Institutions (Prevention of Misuse) Act, 1988. Section 3 of the Act carries a strict prohibition on political activity in a religious institution. The Division Bench of Justice Raja Vijayaraghavan V and Justice K.V. Jayakumar would not accept that the Act did not apply to the ground, which is also called the Kshethra Maidan. The Court clarified that its earlier judgment does not bar public addresses by eminent dignitaries, nor events held by government departments, nor programmes like Independence Day celebrations and School Youth Festivals. The Cochin Devaswom Board has to use its discretion with care when it permits events there, with the deity and the devotees in mind. The Court also told the Board to draw up a detailed protocol for hoardings and advertisement boards.