Plea In Delhi High Court Challenges Complete Ban On Gatherings At Religious Places During Christmas, New Year

A petition has been filed in the Delhi High Court challenging the orders of Delhi Government imposing a complete ban on religious gatherings during Christmas and New Year at religious places of worship.

Filed through Advocates Manoj V George, Shilpa Liza George, Akriti Seth, Amit Kumar and Palak Arora, the plea states that while the Delhi Government had permitted bars, restaurants, auditoriums, etc. to function with 50% capacities and theatres to function with 100% capacity, it has completely barred religious gatherings.

The plea states that the aforesaid action is violative of Article14 of the Constitution along with the Right to freedom of religion to profess and practice, as envisaged and guaranteed under Articles 25 & 26 of the Constitution.

"All ardent devotees of Christianity who have been undergoing lent season for last 25 days have been prohibited in Delhi from attending Chapel Masses on the eve of Christmas but the citizens are allowed to have gala dinners and commercial activities and shopping etc in Christmas. The selective exclusion of religious places of worship is in violation to Constitutional principles," the plea reads.

The Delhi Government had vide circular dated 22 December 2021 issued a slew of directions wherein it had directed all District Magistrates to strictly ensure compliance of the Covid protocol, prohibiting all gatherings or congregations for celebrating Christmas and New Year.

"It is stated that Chapels/Churches that have been kept closed for more than two years have been opened only now and fully adhering to all Covid protocols of mask and social distancing, under the impression that the eve of Christmas would serve as a new beginning. It is emphasized that Christians across the NCT have been served with Christmas invites and arrangements from their respective Churches after two years, and that curbing their right to attend the Christmas Masses in the pretext of a Christmas gathering - would be violative of Article 25 & 26 of the Constitution," the plea adds.

Accordingly, the plea seeks impugned Orders dated December 12 and December 22, 2021 to the extent of prohibiting the religious gatherings during Christmas and New year at religious places of worship. 

It also seeks a further direction on the Delhi Government to permit worship services in churches for Christmas and New Year, subject to adherence of all enhanced Covid protocols.

It also seeks a direction on the Delhi Government to issue the Standard Operating Procedures (SOPs) in adherence to SOP dated 01.03.2021 issued by Ministry of Home and Family Welfare for any for such worship services conducted in Churches during Christmas and New Year.

The plea is likely to be heard tomorrow.

Case Title: KAMLESH JACOB &ANR. v. State (NCT of Delhi) & Anr.