Religious Sentiments Subservient To Right To Health & Life : Supreme Court In Case Against Kanwar Yatra

Religious sentiments are subservient to the fundamental right to life and health, observed the Supreme Court today in the suo motu case taken against the decision of the Uttar Pradesh government to allow the Kanwar Yatra pilgrimage amid the COVID-19 pandemic.A bench comprising Justices RF Nariman and BR Gavai observed that the State of Uttar Pradesh cannot go ahead with the Kanwar Yatra, especially so when the Union Government has taken a stand against holding the same."We are of the view that this is a matter which concerns everyone of us as citizens of India, and goes to the very heart of Article 21 of the Constitution of India, which has a pride of place in the fundamental rights Chapter of our Constitution. The health of the citizenry of India and their right to "life" are paramount .All other sentiments, al beit religious, are subservient to this most basic fundamental right", the bench observed in the order.The bench asked the Uttar Pradesh Government to reconsider its decision to allow the physical Kanwar Yatra."...the Court pointed out to Mr. Vaidyanathan, learned Senior Advocate appearing for the State of U.P., that given the Covid pandemic and the fear that looms over all the citizens of India of a third wave of the pandemic whether the authorities would be in a position to reconsider holding or the allowing, for compelling religious reasons, of this yatra in physical form at all", the bench further observed.The order notes that Senior Advocate Vaidyanathan responded "positively" to the observation made by the bench and sought time till July 19 to get instructions."Either we pass the orders directly or give you one more opportunity to reconsider holding yatra physically. The pandemic affects all of us. We are all citizens of India. This suo motu case is taken because Article 21 applies to all of us. It is to safeguard all of us", Justice Nariman orally told Vaidyanathan.The senior counsel told the bench that a total ban on the yatra was impractical and hence the state allowed it with limited number of devotees under stringent conditions.The Solicitor General for India Tushar Mehta told the bench that the stand of the Union of India is that the yatra should not be allowed."The state governments must not permit the movement of kanwariyas to bring Gangajal from Haridwar to do abhishekam in the local Shiv Temples", the SG informed the bench about the stand of Union Government.The bench also recorded that the State of Uttarakhand has cancelled the kanwar yatra.The Supreme Court had taken suo muto cognizance of a report in The Indian Express published on Wednesday morning which stated that"Amid fears of a possible third wave of Covid-19, the Uttarakhand government has suspended the kanwaryatra even as neighbouring Uttar Pradesh is pressing ahead with the annual ritual that sees a heavy movement of pilgrims across states in the northern belt".While neighboring State of Uttarakhand decided to call off the Kanwar Yatra, citing the pandemic risk, Uttar Pradesh has decided to allow the pilgrimage yatra with certain curbs.The yatra is proposed to be held from July 25 to August 6. As per a report in the Indian Express, the last time the yatra was organised in 2019, nearly 3.5 crore devotees (kanwariyas) had visited Haridwar while over 2-3 crore people had visited pilgrimage spots in Western UP.On Wednesday Justice Nariman had said to SG Tushar Mehta "We read something disturbing in the Indian Express today that the state of UP has chosen to continue with the Kanwar yatra, while the state of Uttarakhand with its hindsight of experience, has said that there will be no Yatra. We wish to know what the stand of the respective governments is. The citizens of India are completely perplexed. They don't know what is going on. And all this amid the Prime Minister, when asked about a third wave of Covid striking the nation, saying 'we cannot compromise even one bit'".(Case : In Re : Alarming Newspaper Report Regarding Kanwar Yatra in State of UP, Suo Motu Writ Petition(c) No. 5/2021)Citation : LL 2021 SC 300Click here to read/download order

Religious Sentiments Subservient To Right To Health & Life : Supreme Court In Case Against Kanwar Yatra

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