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Supreme Court of India 2017-08-29 allowed

State of Gujarat and Another vs I.R.C.G. and Others

Bench: 2 — Dipak Misra

In Brief

During the 2002 communal riots in Gujarat, numerous places of worship belonging to all religions were damaged. A public interest petition sought court-ordered restoration and compensation. The Supreme Court held that while the State has a constitutional obligation to protect religious places as part of secularism, it approved a reasonable ex gratia assistance scheme (Rs. 50,000 maximum) rather than court-mandated repairs. The scheme respects Article 27 (secular funding) by providing proportionate relief similar to assistance for damaged private houses, with conditions including proof of ownership and FIR lodging. The Court set aside the High Court's order establishing a special forum, finding the State's administrative mechanism appropriate and compliant with constitutional principles.

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Constitutional Law Religious Freedom Secular State State Liability Compensation Public Law Remedy Riot Damage

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