Untitled Page

Author	Prof Shuvro Prosun Sarker
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	Dr. Shuvro Prosun Sarker holds LL.M. and Ph.D. from the National University of Juridical Sciences, India, and B.A.LL.B. from the University of Calcutta, India. Before joining the Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur, India, he served at the Maharashtra National Law University, Nagpur, the National University of Juridical Sciences, Kolkata, KIIT Law School, and the Mahanirban Calcutta Research Group in teaching and research positions. He worked on forced migration, humanitarian situations in the Indo-Bangladesh borderland, the right to information, laws preventing witch-hunting and black magic, clinical and continuing legal education, etc. He also has a deep interest in exploring unenumerated fundamental and constitutional rights (post Puttaswamy Judgment), ideas associated with transformative constitutionalism, personal laws, human rights of underprivileged sections, human rights and criminal justice administration, discrimination based on genetic information, laws of war and technology, refugee protection and management, etc.