Right to Prayer Room at Workplace

Article 25(1) of the Indian Constitution confers a right upon all persons to profess, practice and propagate religion. However, this right is subject to public order, morality and health.

Thus, every individual being part of the workforce in any of the organizations in India has the right to practice and pray in a manner prescribed in their respective religions, however, the same should not prejudice the workplace culture and discipline.

Article 25(2) of the Indian Constitution puts a restriction on the rights of an individual by sanctioning the Indian Government to make adequate legislation to regulate or restrict any economic, financial, political or other secular activity that may be associated with religious practice.

It is often a matter of deliberation between employers and the workforce as to whether a specific place and timeslot are being given to employees at the workplace for practicing religious prayers or not. The employees are of the view that a separate space for performing religious practice is their fundamental right enshrined under Article 25 and Article 26 of the Indian Constitution, which ideally should not be denied by employers if demand is raised from the employer. On the other hand, employers are of the view that employees cannot enforce such rights against employers, who are only responsible for carrying out contractual obligations which has been prescribed under the employment contract and policies.

Recently, a person filed a Public Interest Litigation (Rana Saidur Zaman vs. the Union of India, PIL 64/2023), seeking direction from the airport authority to set up a dedicated prayer room in the precincts of the Guwahati International Airport. Referring to Article 25 and Article 26 of the Indian Constitution, the petitioner urged that the people following all religions have a right to seek a direction upon the airport authority to establish a dedicated prayer room in the precincts of Guwahati International Airport.

The Guwahati High Court observed that Articles 25 and 26 of the Indian Constitution give freedom to people of particular denomination to profess a particular religion and to acquire movable and immovable properties and to administer such properties in accordance with the law. However, such rights cannot be stretched to the extent that such denominations can demand the setting up of a dedicated prayer facility in a public place like an airport. Thus, by not providing a prayer room at the precincts of Guwahati International Airport, no fundamental right of the petitioner is being breached.

Though the aforesaid verdict is in relation to the establishment of a dedicated prayer room in public place, however, its implications may also be extended to the workplace to the extent that the non-establishment of a prayer room does not violate the fundamental rights of employees. Despite the said fact, as a fair and equitable policy purpose, the employer may make arrangements for employees to facilitating their carry out their religious prayers in a manner that does not impact the routine workflow of their workplace.