Uttar Pradesh cannot go on with Kanwar Yatra, says Supreme Court

The Supreme Court on July 16 disagreed with the Uttar Pradesh authorities’s proposal to conduct a “symbolic” Kanwar Yatra amid the pandemic for “compelling religious reasons”, saying the basic rights of residents throughout faiths and their proper to life trumped non secular sentiments.

A Bench of Justices Rohinton F. Nariman and B.R. Gavai gave Uttar Pradesh time until July 19 to rethink their proposal and file an affidavit. If the State didn’t change its plans, Justice Nariman stated the court docket “will deliver whatever we have to deliver” on July 19.

“We are of the prima facie view that this is a matter that concerns everyone of us as citizens of India and goes to the very heart of Article 21 (right to life), which has the pride of place in the Fundamental Rights Chapter of the Indian Constitution. Health of the citizenry of India and the right to life are paramount. All other sentiments, albeit religious, are subservient to this basic fundamental right,” Justice Nariman dictated within the order.

The listening to started with Solicitor General Tushar Mehta submitting that the “State must not permit movement”. The high regulation officer defined the logistics of the yatra, its vacation spot and what contributors do, together with that they accumulate Ganga jal (water) from Haridwar and carry out abhishek at varied Shiva temples.

An affidavit was filed by the Centre “late” within the Supreme Court.

After speed-reading the affidavit, Justice Nariman introduced peremptorily, “State of Uttar Pradesh cannot go on with this, 100%”.

The Bench refused to allow a “physical yatra”.

Senior advocate C.S. Vaidyanathan, for Uttar Pradesh, intervened saying, “We only want a symbolic yatra”.

“Past experience shows that a total ban would be inappropriate,” the senior lawyer submitted for Uttar Pradesh.

Mr. Vaidyanathan then proceeded to learn out from Uttar Pradesh’s affidavit, explaining that its choice to carry the yatra was reached after contemplating the “faith and religious sentiments and after consultations with the disaster management authorities”.

He defined the yatra can be held with a minimal variety of individuals sustaining social distancing.

“The holy Ganga jal would be made available for abhishek at the nearest Shiva temples,” he submitted.

Only individuals who have been vaccinated and cleared the RT-PCR exams can be given permission to go on the yatra. In brief, the State authorities promised stringent measures contemplating the pandemic.

However, the court docket was not impressed.

“Either we deliver the order directly or you [Uttar Pradesh] reconsider the physical yatra. The pandemic affects us all. There is a fear of a third wave hitting us… We are the citizens of India… Article 21 applies to all of us. Mr. Vaidyanathan, go back and ask your authorities to reconsider the physical yatra… otherwise we will deliver whatever we have to deliver,” Justice Nariman addressed the senior lawyer for Uttar Pradesh.

Mr. Vaidyanathan agreed to seek the advice of the State authorities authorities and file a further affidavit by July 19.

Meanwhile, Uttarakhand knowledgeable the court docket that it had fully banned the Kanwar Yatra in an order on June 30, conserving in thoughts the pandemic.