One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X and several other Muslim residents of XYZ Housing Society in City A approached me regarding discriminatory practices by their society management committee. The society had a temple on the premises which was regularly used for Hindu festivals and prayers. However, when Mr.X and other Muslim residents requested permission to use the clubhouse for one hour during Ramzan for their evening prayers, the committee denied their request citing “illegality” and “majority decision.” The committee, dominated by non-Muslim members, had created an unofficial policy preventing Muslim residents from using common areas for religious purposes while freely allowing Hindu religious activities. This clear case of religious discrimination violated their fundamental rights and housing society bylaws, prompting them to seek legal intervention to ensure equal treatment and access to common facilities.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

• Document all instances of discriminatory treatment with dates and witnesses
• Review your society’s registered bylaws and constitution for equal treatment clauses
• File complaints with local authorities and housing society regulatory bodies
• Consider approaching human rights commission for religious discrimination cases

Applicable Sections of Law

This case involves violations under multiple legal provisions. Section 299 of BNS deals with deliberate acts intended to outrage religious feelings. Section 302 of BNS covers deliberate insults to religion or religious beliefs. Under BNSS, Section 173 provides procedures for filing complaints regarding discriminatory practices. The Constitution’s Article 25 guarantees freedom of religion and equal treatment. Additionally, housing society regulations mandate equal access to common facilities for all residents regardless of religion. State housing society acts also contain specific provisions against discriminatory practices by management committees.

If You Are the Complainant

• File formal complaint with society registrar citing discriminatory practices and bylaw violations
• Document all communications with committee members regarding denial of access
• Gather signatures from other affected residents to demonstrate systematic discrimination
• Submit written request for equal treatment referencing constitutional rights
• File police complaint if threats or harassment accompany the discrimination

If You Are the Victim

• Maintain detailed records of all discriminatory incidents with dates and witness statements
• Request written explanations from committee for denial of equal access rights
• Organize peaceful meetings with other affected residents to present unified demands
• Approach state human rights commission with formal complaint of religious discrimination
• Consider legal notice to society demanding immediate cessation of discriminatory practices

How the Police Behave in Such Cases

Police typically treat housing society discrimination cases as civil disputes initially. They may suggest mediation between parties before registering formal complaints. However, when religious discrimination involves threats or harassment, police must register cases under relevant BNS sections. Officers often recommend approaching society registrar first. Some police stations may delay action, requiring persistent follow-up. Documentation of discriminatory behavior helps convince police of criminal intent beyond civil disagreement.

FAQs People Normally Have

Can society committee deny religious activities to specific communities? No, all residents have equal rights to common facilities regardless of religion, and selective denial constitutes discrimination.

What if committee claims majority decision supports the restriction? Majority decisions cannot override constitutional rights or violate anti-discrimination laws protecting minority interests.

How long does resolution typically take? Resolution varies from 3-12 months depending on cooperation from society management and legal intervention required.

Can we approach courts directly? Yes, civil courts have jurisdiction over housing society disputes involving constitutional rights violations.

What Evidence Is Required?

• Society committee meeting minutes showing discriminatory decisions
• Written denials or communications from committee members
• Witness statements from residents observing differential treatment
• Photographic evidence of temple usage versus clubhouse restrictions
• Society bylaws and constitution documents
• Records of facility booking requests and rejections
• Audio/video recordings of committee interactions if legally obtained

How Long Will the Investigation Take?

Housing society discrimination investigations typically take 2-6 months through regulatory channels. Police investigations, if criminal complaints are filed, may take 3-8 months. Civil court proceedings can extend 6-18 months depending on case complexity. Society registrar interventions often resolve matters faster, usually within 3-4 months. Human rights commission complaints generally conclude within 6 months. Timeline depends on cooperation from society management and strength of documented evidence.

Advocate Sudhir Rao, Supreme Court of India