New Delhi: The Supreme Court Friday asked the Uttar Pradesh government to reconsider its decision to allow Kanwar Yatra, an annual pilgrimage of Shiva devotees, and said that no physical congregation can be allowed with the looming fear of the third wave of Covid-19.
A bench of Justices R.F. Nariman and Ajay Rastogi gave the Yogi Adityanath government time till Monday to make a decision in this regard.
“Either we will pass orders directly, or will give you one more opportunity to reconsider your decision,” the court told senior advocate C.S. Vaidynathan, who was appearing for the UP government.
The top court was hearing a suo motu case initiated by the bench Wednesday based on a news report on UP government’s decision to allow the Kanwar Yatra to begin on 25 July amid fears of a possible third wave. It had sought a response from the governments of UP and Uttarakhand as well as the central government.
While the counsel for Uttarakhand told the bench that the state had issued instructions not to hold the yatra on 30 June, the central government said the pilgrimage could be conducted under strict supervision.
Solicitor General Tushar Mehta, who was appearing for the Centre, said that the states can prohibit the kanwariya (those who undertake the pilgrimage) from collecting holy water from Haridwar, and instead could arrange for tankers at designated places to allow the pilgrims to collect them for the final ceremony.
As part of the Kanwar Yatra, saffron-clad Shiva devotees usually walk barefoot and carry holy water from the Ganga or other sacred rivers to worship important religious sites devoted to the Hindu god.
However, the SC bench was in no mood to accept the state’s submission that the yatra would be symbolic in nature and carried out with stringent conditions.
It said that all interests, including religious ones, were subservient to Article 21 — the Right to Life — the most basic fundamental right in the constitution.
Taking note of the Centre’s stand and the UP government affidavit, the court said: “We are of the view that this is a matter of concern for everyone of us as a citizen and goes at the very heart of Article 21, which finds a pride of place in the fundamental rights Chapter of our Constitution. The rest of the citizenry of India and their right to life are paramount. All other sentiments, including religious, are subservient to this most basic fundamental right.”
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‘Total ban on yatra inappropriate’
During the hearing, Vaidyanathan read out the UP government’s affidavit briefly to outline the safety measures the state has taken. He said the decision to let the yatra happen was taken keeping in mind the religious sentiments of the people.
According to the senior counsel, detailed discussions were held between officer bearers of the state disaster management authority and various groups representing the kanwariya, who were advised not to undertake the yatra.
However, if someone was bound to take it, then they need to apply for registration, have to be fully vaccinated and also produce a negative RT-PCR report, which is not more than three days old, he told the bench.
“A total ban may have been inappropriate. It would be a symbolic yatra” the lawyer said, adding it was a matter concerning the right to religion of the people involved. As per the state’s proposal, tankers with Ganga jal would be stationed at some specific locations from where the kanwariyas can collect the holy water and carry out “abhishekam” at a nearby shiv temple.
Centre suggests making local arrangements for the yatra
Meanwhile, the Centre in its affidavit said states must not permit kanwariya to travel to Haridwar for bringing the holy water.
Filed by the home ministry, the affidavit added: “However, considering the age-old customs and religious sentiments attached, the state governments must develop a system to make holy “gangajal” available through tankers which should be available at an identified/designated locations so that nearby devotees can collect such gangajal and do abhishek upon their nearest shiv temple.”
The government, however, added that the states must ensure the entire exercise of distribution takes place with Covid appropriate behaviour and health protocols including social distancing and masks.
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