Govt Employees' Participation In Yoga Day Program Optional, No Punitive Action For Non-Attendance: State Tells Calcutta High Court

The Calcutta High Court on Friday disposed of a petition challenging the West Bengal Government's notification calling upon government employees to participate in the International Yoga Day event to be led by Prime Minister Narendra Modi at Kolkata's Red Road, after the State clarified that participation was purely voluntary and that no coercive or punitive action would be taken against employees who chose not to attend.

Justice Amrita Sinha, while recording the State's instructions, observed: "The order dated 14th June is a general appeal to all public servants to participate in the official function on Yoga Day."

The Court further noted: "The above order is not mandatory in nature and no punitive or coercive action was contemplated or incorporated in case of failure to attend due to personal reasons."

In view of the clarification, the Bench concluded: "In view of these instructions there is no requirement of proceeding any further."

The petition had challenged the State Government's notification issued ahead of the June 21 International Yoga Day celebrations, contending that government employees could not be compelled to participate in a yoga event.

Appearing for the State, Additional Advocate General Billwadal Bhattacharya submitted that the notification merely encouraged employees to participate in the programme, which was aimed at setting a Guinness World Record for the largest participation in a yoga event. He reiterated that attendance was not compulsory.

During the hearing, the Court sought a clear instruction from the State regarding the nature of the notification.

The Bench asked, "There is no compulsion to come and perform yoga? You can perform anywhere."

Senior Advocate Bikash Ranjan Bhattacharya, appearing for the petitioners, maintained that participation in yoga could not be directed by the Government.

"Government cannot direct me to do something I don't like to do. This should be optional," he argued.

When the Court remarked that yoga could be performed anywhere, the senior counsel responded, "I don't want to perform at all."

The State maintained that the notification was only an appeal and did not contemplate any adverse consequences for employees who chose not to participate. Accepting this clarification, the High Court disposed of the petition without granting any further relief.