There is a constitutional obligation to preserve the religious practices of all religions and culture, the Supreme Court said on Monday.

A Bench of Justices Arun Mishra and U.U. Lalit said there is a duty to do everything required to preserve historical monuments/deities.

The judgment was pronounced on the basis of a petition highlighting the “erosion” of the Mahakaleshwar Linga. The petition said the “idol of Lord Shiva in the form of Lingam is in danger and it has deteriorated as such notice was issued to ensure its preservation”. The SC judgment said that the “Mahakaleshwar Jyotirlingam has so much importance for spiritual and other gains.”

Constitutional duty

The court said there is “a constitutional duty to protect it” and “a fundamental duty under Article 51A to preserve the rich heritage of our composite culture”.

The court said the State is duty bound to spend the amount so that not only the archaeological, historical and ancient monuments are preserved but sanctum sanctorum, as well as the deity, otherwise no useful purpose would be served by spending so much amount on Simhastha/ Kumbh Melas...”

The Supreme Court observed that there was “a pious purpose of all the religious activities, no religion breeds hatred”.