New Delhi: The Supreme Court on Friday, July 16, instructed the Uttar Pradesh government not to hold even a “symbolic” Kanwar Yatra in the wake of an expected third of COVID-19.
A bench of Justices R.F. Nariman and B.R. Gavai said, “All other sentiments whether be it religious are subservient to this basic fundamental right [right to life].” The court asked the Uttar Pradesh government to apprise it of its decision by July 19.
The annual pilgrimage is set to begin on July 25, and the neighbouring Uttarakhand government had already made its decision not to allow pilgrims into the state citing health concerns. Kanwariyas’ (devotees of Lord Shiva), who move on foot, collect water from the river Ganga to offer at Shiva temples in their areas as part of the yatra.
The order from the court comes after the Uttar Pradesh government had earlier told the court that in the wake of the COVID-19 pandemic, it would hold a “symbolic” Yatra keeping in view the sentiments of devotees.
However, Justice Nariman said, “We are of prima facie view that it concerns all of us and is at the heart of the fundamental right to life. The health of citizenry of India and right to life is paramount, all other sentiments, whether be religious, are subservient to this basic fundamental right.”
The court further went on to say that it would be compelled to pass an order if the Uttar Pradesh government failed to reconsider its decision to hold even “symbolic” Kanwar Yatra.
“We can give you one more opportunity to consider holding yatra physically at all. This or else we pass an order. We are all Indians and this suo motu has been taken up as Article 21 applies to all of us. Either you reconsider to have it at all or we deliver,” the court said.
The court order comes after the Centre, represented by solicitor general Tushar Mehta, sought the court’s directions to state governments not to allow “movement of devotees” amidst the pandemic. Instead, Mehta said, necessary arrangements must be made by the state governments to make Ganga water available to devotees through tankers at various places, keeping in the view of religious sentiments.
On July 14, the top court had taken suo motu cognisance of media reports on the Uttar Pradesh government’s decision to allow ‘Kanwar Yatra’ amidst the COVID-19 pandemic and sought responses from the state as well as the Centre “given the disparate political voices” on the matter.
It had referred to the statement of Prime Minister Narendra Modi that not even a bit of compromise can be made on COVID-19 containment and said the citizens were perplexed about the happenings in view of the fact that the UP government has allowed the religious ‘yatra’ commencing from July 25.
It had issued notices to the Centre and the state governments of Uttar Pradesh and Uttarakhand. While the Uttarakhand government had already issued a notification to ban Kanwar Yatra for this year due to COVID-19, the Uttar Pradesh government is yet to take such a decision.
(With PTI inputs)