New Delhi: Lack of adequate medical infrastructure in the state, slow pace of vaccination, and the state’s failure in the past to implement Covid-appropriate protocols at religious gatherings, including the Kumbh Mela attended by lakhs amid the second wave, are some of the reasons why the Uttarakhand High Court Monday stayed the state government’s decision to allow Char Dham yatra from 1 July.
According to a cabinet decision on 26 June, the yatra was to begin in a phased manner, with residents from Uttarkashi, Rudraprayag and Chamoli districts allowed in the first phase.
However, a bench of Justice Raghavendra Singh Chauhan and Justice Alok Verma put this on hold for four weeks, calling it an “arbitrary and unreasonable” decision, one not in public interest and against the “onerous duty the Constitution cast upon the State to protect lives of people”.
The yatra, the bench said, would unnecessarily expose the pilgrims to the dangers of a potential third wave.
The order came on a PIL filed by a lawyer who had cited the large-scale violations of Covid protocols during Kumbh Mela in Haridwar.
Overrule priests’ objections, allow live-streaming
The court brushed aside the state’s reluctance to arrange live-streaming from the temples and directed it to make arrangements for the same in the next seven days.
Appearing before the court, the state chief secretary submitted that priests may oppose live-streaming of the ceremonies, while the state counsel contended it may be prohibited by the Shastras.
The court rejected both arguments. On the state’s stand, the bench held the decision to live-stream cannot be left either to the Char Dham Devasthanam Board or the priests, for the state is under obligation to protect its people.
Minor objections, it added, can be overruled, the court said, advising the state not to succumb to pressures and take decisions, not in personal but community interests.
To the argument that the Shastras prohibited live-streaming, the court said: “Our ancestors were unaware of the development of a technology that would permit live-streaming, the possibility of our Shastras prohibiting live-streaming of a religious ceremony is absolutely impossible.”
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Vaccination rate ‘not a happy one’
According to the data provided to the court by the state, out of 1.32 crore people in Uttarakhand, only 35.36 lakh have been vaccinated so far. Of these, 21,72,760 have received the first dose, and 6,82,040 have got both doses.
The bench was further informed that it will still take 18 months to vaccinate 70 per cent population of the state.
Making a remark that the inoculation rate in the state was “certainly not a happy one,” the court pointed put that not even 50 per cent of the population has been inoculated in the three districts of Uttarkashi, Rudraprayag and Chamoli where people will be permitted to visit the four shrines — Yamunotri, Gangotri, Kedarnath, and Badrinath.
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Healthcare infrastructure in state deplorable
In order to convince the bench, the state had presented the standard operating procedure (SOP) it had prepared for the pilgrims. According to the state SOP, 600 people per day would be permitted to gather at the Badrinath shrine, 400 at Kedarnath, 300 at Gangotri, and 200 at Yamunotri.
However, the bench found several shortcomings in it.
For example, according to the SOP, there shall be a ban on gutkha, pan and tobacco. But the SOP does not mention how, in a crowd of 300 to 600, people would be prevented from chewing these.
Similarly, the SOP claimed the pilgrims will be asked to use sanitisers and soaps repeatedly, but did not elaborate on who would ensure it is being followed.
There was no clarity in the SOP on how many testing labs shall be established on the yatra route, who will carry out the tests, or how soon the report will be available.
The court said it was “ironical” for the state to let the yatra begin from 1 July, despite admitting that sufficient medical facilities will not be created till 30 July.
It noted the state’s healthcare system is already in a deplorable condition. The state health secretary “frankly admitted” before the court that out of eight ventilators available at Rudraprayag, the district where the Kedarnath temple is located, six are dysfunctional.
In the district hospital, four of the six oxygen concentrators are not in a working condition. The state also did not have sufficient ambulances that could be provided to pilgrims in case of an emergency.
On availability of oxygen in the state, the court recorded that there were six oxygen tanks for now — two each with three different hospitals in the state. Though each hospital had two oxygen concentrators, the state was unable to tell the court whether they are functional or not.
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Cabinet overlooks state’s failure to implement own SOPs
The bench examined at length the failures of state government in handling large-scale religious gatherings in the past and added the cabinet had ignored this vital factor while deciding the issue.
“Considering the failure of the civil administration in implementing the SOPs repeatedly issued both by the Central Government and the State Government, during the Kumbh Mela, during the Ganga Dusshera and during the opening of the Neeb Karoli Dham (Kainchi Dham), the Cabinet should have realised that the SOPs are flouted by the people, and the civil administration does not have the wherewithal for implementing them in sensu stricto,” the bench noted.
Therefore, it held, it was in favour of people not to permit the Char Dham Yatra, even in a limited manner, as it “would again be inviting a catastrophe”.
The “ill-decision” to hold Kumbh Mela was, according to experts, one of the great contributory factors for the steep rise in the second wave and had led to 57 per cent deaths in the state itself, the court said.
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‘State violated SC orders’
During the last hearing on 23 June, the bench had advised the state to reconsider its 20 June decision to open the yatra.
Though the reasons given by the court were placed before the Cabinet, the latter went ahead allow yatra in a phased matter.
In doing so, the court said, the state violated Supreme Court directions as well as of the central government guidelines to avoid congregations in view of the pandemic and overlooked warnings given by the scientific community over the third wave.
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