The Religious Institutions (Prevention of Misuse) Act, 1988
The Religious Institutions (Prevention of Misuse) Act, 1988, Act No. 41 of 1988, was enacted by Parliament on 1 September 1988 and is deemed to have come into force on 26 May 1988. It prevents religious institutions throughout India from being used for political activity, weapons, unlawful acts and other prohibited purposes, and was amended by the Jammu and Kashmir Reorganisation Act, 2019, with effect from 31 October 2019, to remove the previous territorial exception.
What the Act governs
The Religious Institutions (Prevention of Misuse) Act, 1988 applies to institutions promoting any religion or persuasion, including premises used for public religious worship. A manager includes any religious functionary or other person who administers, manages or controls the institution, its functions or its properties.
The Act regulates how the premises, money and other property of a religious institution may be used. It also places responsibilities on managers and employees.
Prohibited uses of religious property
A religious institution and its manager must not use, or permit the use of, premises belonging to or controlled by the institution for:
- Promoting or propagating political activity.
- Harbouring a person accused or convicted of an offence.
- Storing arms or ammunition.
- Keeping goods or articles contrary to law.
- Constructing basements, bunkers, towers, walls, fortifications or other structures without legally required permission.
- Unlawful or subversive acts, or acts contrary to a court order.
- Promoting disharmony, enmity, hatred or ill will between religious, racial, language, regional, caste or community groups.
- Activities prejudicial to the sovereignty, unity or integrity of India.
- Acts contrary to the Prevention of Insults to National Honour Act, 1971.
Weapons, funds and gatherings
The Religious Institutions (Prevention of Misuse) Act, 1988 prohibits managers from allowing arms, ammunition or people carrying them into a religious institution. Exceptions apply to a Kirpan carried by a person professing the Sikh religion and to arms customarily used in the institution's religious ceremonies or rituals.
Institutional funds and other property cannot be used for a political party, political activity or the commission of an offence. Ceremonies, festivals, congregations, processions and assemblies held under the institution's authority cannot be used for political activity.
Consequences and reporting duties
Contravention can result in imprisonment for up to five years and a fine of up to ten thousand rupees for the manager and every person connected with it. A convicted manager or employee is removed and disqualified from appointment in any religious institution for six years from conviction.
A court may restrain a charge-sheeted manager or employee from performing duties pending trial if it finds a prima facie case. Managers and employees must also report actual or impending contraventions to the officer in charge of the police station having local jurisdiction.
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Common questions
Does the Act apply to temple, mosque, church or other public worship premises in Tamil Nadu?
Yes. The Act extends to the whole of India and covers institutions promoting any religion or persuasion, including premises used for public religious worship.
Can land or buildings belonging to a religious institution be used for political meetings?
No. Premises belonging to or controlled by a religious institution cannot be used to promote or propagate political activity, and gatherings held under the institution's authority cannot be used for political activity.
Can a religious institution construct a basement, tower or wall without permission?
No, where a valid licence or permission is required by law. The Act prohibits unauthorised construction or fortification, including basements, bunkers, towers and walls.
What must a manager do if prohibited activity is planned at the institution?
The manager or employee must inform the officer in charge of the police station within whose local jurisdiction the religious institution is situated about any contravention or impending contravention.
