Maintenance of Religious Harmony Act

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The Maintenance of Religious Harmony Act 1990 ("MRHA") is a Singapore statute which, according to its long title, provides for the maintenance of religious harmony, for the establishment of a Presidential Council for Religious Harmony ("PCRH"), and for matters connected therewith.

The Act, which was passed on 9 November 1990 and came into force on 31 March 1992, empowers the Minister for Home Affairs to make a restraining order against a person who is in a position of authority in any religious group or institution if the Minister is satisfied that the person has committed or is attempting to commit any of the following acts: causing feelings of enmity, hatred, ill-will or hostility between different religious groups, promoting a political cause, carrying out subversive activities, or exciting disaffection against the President or the Government under the guise of propagating or practicing a religious belief.

A restraining order may also be made against a person who incites, instigates or encourages any religious leader or any religious group or institution to commit the above acts; or a person who is not a religious leader who causes or attempts to cause feelings of enmity, hatred, ill-will or hostility between different religious groups. A restraining order made against a religious leader may direct that he or she must obtain the permission of the Minister before addressing members of any religious group or institution, assisting or contributing to religious publications, or holding office in the editorial board or committee of such publications. Breaching a restraining order is a criminal offence.

The Minister must consult the PCRH before issuing a restraining order, and must inform the Council once an order is made. The council is responsible for recommending to the President whether an order should be confirmed, cancelled or varied in some manner. If the council's recommendations are contrary to the Minister's views on the matter, the President may act in his personal discretion in deciding whether to cancel or confirm the order. A restraining order cannot exceed two years in duration, but may be extended for periods not exceeding two years at a time. The Minister must review an order every 12 months or less. The Act declares decisions of the President, the Minister and the council to be final and not subject to being called in question in any court.

Some concerns that have been raised about the MRHA include the lack of checks on the Minister's power to issue a restraining order; the difficulty of distinguishing between religious and political matters where moral and social issues are involved, which might be a particular problem for religions such as Islam and Christianity that have comprehensive worldviews; and the lack of transparency of the PCRH's proceedings which are held in private. The consistency of the MRHA with Article 15 of the Constitution of Singapore, which guarantees the right to freedom of religion, has not yet been tested in court, though the Act may be a restriction on the right authorized by Article 15(4) as it can be regarded as a law relating to public order.

No restraining orders have yet been issued under the Act, but in 2001 the Minister for Home Affairs disclosed that the Government had been prepared to do so against a number of religious leaders who had mixed religion with politics or denigrated other faiths during incidents occurring in the 1990s.