‘All sentiments subservient to right to life; decide by Jul 19’
Uttar Pradesh (UP) has the option of cancelling the Kanwar Yatra in view of the Covid-19 outbreak or the Supreme Court (SC) will do so.
Making it clear that the court would not allow the UP Government to hold the Kanwar Yatra in view of the corona threat the SC on Friday said: “All sentiments, including religious, are subservient to the Right to Life.”
The apex court asked the UP Government to inform it by July 19 whether it would reconsider its decision to hold a “symbolic” Kanwar Yatra.
The Uttarakhand Government had earlier this week cancelled the annual ritual that sees thousands of Shiva devotees called ‘kanwariyas’ travel, mostly on foot, to collect water from the Ganga river and bring it back to their villages. However, UP is going ahead with a pared down “symbolic” version of the yatra.
A Bench of Justices RF Nariman and BR Gavai said the Right to Life under Article 21 of the Constitution is paramount and asked the UP Government whether it was willing to reconsider its decision to hold the yatra at all in the midst of the pandemic.
“We are of the prima facie view that this is a matter which concerns every one of us and this is at the heart of Article 21 of the Constitution. The health of citizenry of India and Right to Life is paramount and all other sentiments, including religious, are subservient to this fundamental right,” the Bench said.
The apex court’s direction came after the UP Government told the Bench that it had decided after relevant discussions to hold a “symbolic” Kanwar Yatra with appropriate Covid restrictions.
Appearing for the Centre, Solicitor-General Tushar Mehta said, State Governments must not permit the yatra in view of the outbreak and arrangements should be made for water from the Ganga to be available through tankers at specified places. Considering the age-old customs and religious sentiments, State Governments must develop a system so devotees can collect holy Ganga water and offer it at the nearest Shiva temple.
The Bench told Mehta, “One thing is clear, we cannot allow the UP Government to hold the Kanwar Yatra in view of Covid.”
“A total ban on the yatra will be inappropriate,” senior advocate CS Vaidyanathan, appearing for the UP Government, told the court. He said they have filed an affidavit stating that a symbolic yatra would be held with the minimum presence of devotees and also keeping in mind religious sentiments. Appropriate restrictions would be taken, and ‘Gangajal’ would be supplied through tankers, Covid tests done and social distancing norms followed among other measures he said. The Bench then told Vaidyanathan he may take instructions and apprise the court by July 19 (Monday) on whether the Government planned to hold the yatra at all.
Advocate Abhishek Atrey, appearing for the Uttarakhand Government, said they have filed an affidavit and taken a decision to ban the yatra due to Covid and it has been notified.
On July 14, the top court took suo motu cognisance of media reports on the Uttar Pradesh Government’s decision to allow the yatra amid the Covid pandemic and sought responses from the state as well as the Centre “given the disparate political voices” on the matter. The top court had said it was a “little disturbed” to read that Uttar Pradesh has chosen to continue with the “Kanwar Yatra”, while Uttarakhand had decided against it.
The Yogi Adityanath-led Government on July 13 allowed the “yatra” from July 25 despite concerns raised in various quarters over the risk posed by such events in triggering a possible third wave of COVID-19. The Chief Minister said only a minimum number of people should participate and directed strict implementation of Covid protocol.
