Plea In High Court Seeks Directions On Delhi Govt To Permit Visitors In Religious Places Subject To Covid-19 Protocols

A public interest litigation has been filed in the Delhi High Court seeking directions on the Delhi Government to permit people to visit religious places, subject to Covid-19 protocols in the national capital.

Moved by NGO Distress Management Collective through Advocates Robin Raju & Deepa Joseph, the plea has been filed pursuant to the order issued by the GNCTD dated July 24, 2021, permitting all the Markets, Market Complexes and Malls to open.

"It is though striking to note that aforesaid circular continues to prohibit visitors from religious places. This prolonged prohibition on visitors from going to religious places has become a matter of distress for not just religious leaders but to the believers at large," the plea reads.

The plea further submits that by continuing to prohibit people from visiting religious places, especially when the number of Covid-19 cases in Delhi have come down, gives an impression that the Delhi Government sees religious places solely as places of worship and not a necessity.

Stating that spiritual guidance and counselling gives mental strength and relief in the uncertain times, the plea submits that such an experience will only be obtained when people will visit their desired religious place of worship.

"It may not be out of place to mention that the recent order to prohibit visitors only from religious places violates Article 25 of the Constitution which guarantees the freedom to profess and practise one's religion. It is though not denied that the said right is subject to morality, health and public order. The core issue of concern is clause (xiii) of the order of the Respondent no.2 that denies permission to visitors in religious places, when permission has been granted to open all other places," the plea reads further.

It has also been submitted that the petitioner organization had made a representation before the Chief Minister and the LG. However, it is averred that the Delhi Disaster Management Authority has still issued an order on August 30, 2021 which continues to prohibit visitors in religious places.

In view of the above, the plea calls the "selective exclusion" of religious places as discriminatory, arbitrary and against principles of equity and fairness. It also submits that there are no reports or studies that blame religious places for spread of Covid-19 in Delhi.

Accordingly, the plea prays for directions on the GNCTD to permit restricted number of visitors in religious places by placing responsibility on the managing committees of religious places to ensure that Covid-appropriate behaviour is strictly complied with.

Alternatively, the plea also prays for directions on the GNCTD to take necessary action on the representation made by the petitioner organization.

Case Title: Distress Management Collective v. Govt. of NCT of Delhi & Anr.