Author
Mr Arun Mishra
Organisation/Institution
Indian Institute of Technology, Kharagpur
Country
INDIA
Panel
Law and Religion
Title
State Intervention in Religious Places: Balancing Sovereignty, Human Rights in the Asian Legal Perspective
Abstract
The intersection between state control of religion and the management of religious institutions raises serious concerns regarding religious freedom, particularly in Asia. Although international legal instruments, such as Article 18 of the ICCPR and the UDHR, provide robust protections for religious freedom, states often justify interventions by citing public order, security, or cultural preservation. This study investigates the degree of such interventions and their legitimacy concerning international legal obligations through bilateral research on India, Turkey, and Indonesia’s cases. This study examines the state’s relevant constitutional provisions, pieces of legislation, case laws, and international human rights treaties to determine whether particular state acts constitute compliance with or infringe on international norms. Significant examples include the ongoing Indian case, the Babri Masjid, Ram Janmabhoomi conflict, the conversion of the Hagia Sophia to a mosque in Turkey, and the Indonesian case of the limitation of church construction permit provisions. Further analysis highlights how Asian legal systems contribute to global discussions on managing the intersection between religious freedom and state authority. Aligning domestic policies and legislation with international human rights standards is the need of the hour. The study concludes by recommending reforms focused on transparency, depoliticised management, and constitutional fidelity, offering a roadmap for balancing state oversight with religious autonomy. This will enable Asian countries to play a meaningful role in addressing human rights issues at the global level while also safeguarding religious places. Keywords: Places of Worship, International Human Rights, Religious Freedom, Secularism, State Intervention
Biography
Mr. Arun Mishra is a Research Scholar at the Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur, India. His research focuses on Constitutional Law and Public Law. Before joining IIT Kharagpur, he gained over two years of teaching experience at institutions such as Midnapore Law College and Law College Durgapur. He also has more than five years of litigation experience before the Calcutta High Court. He holds an LL.M. with a specialization in Constitutional and Administrative Law from Bankura University, India, and an LL.B. from the University of Burdwan, India.
