Religious Sentiments Subservient To Right To Health & Life : Supreme Court In Case Against Kanwar Yatra

Religious sentiments are subservient to the fundamental right to life and health, observed the Supreme Court today in the suo motu case taken against the decision of the Uttar Pradesh government to allow the Kanwar Yatra pilgrimage amid the COVID-19 pandemic.

A bench comprising Justices RF Nariman and BR Gavai observed that the State of Uttar Pradesh cannot go ahead with the Kanwar Yatra, especially so when the Union Government has taken a stand against holding the same.

"We are of the view that this is a matter which concerns everyone of us as citizens of India, and goes to the very heart of Article 21 of the Constitution of India, which has a pride of place in the fundamental rights Chapter of our Constitution. The health of the citizenry of India and their right to "life" are paramount .All other sentiments, al beit religious, are subservient to this most basic fundamental right",  the bench observed in the order.

The bench asked the Uttar Pradesh Government to reconsider its decision to allow the physical Kanwar Yatra.

"...the Court pointed out to Mr. Vaidyanathan, learned Senior Advocate appearing for the State of U.P., that given the Covid pandemic and the fear that looms over all the citizens of India of a third wave of the pandemic whether the authorities would be in a position to reconsider holding or the allowing, for compelling religious reasons, of this yatra in physical form at all", the bench further observed.

The order notes that Senior Advocate Vaidyanathan responded "positively" to the observation made by the bench and sought time till July 19 to get instructions.

"Either we pass the orders directly or give you one more opportunity to reconsider holding yatra physically. The pandemic affects all of us. We are all citizens of India. This suo motu case is taken because Article 21 applies to all of us. It is to safeguard all of us", Justice Nariman orally told Vaidyanathan.

The senior counsel told the bench that a total ban on the yatra was impractical and hence the state allowed it with limited number of devotees under stringent conditions.

The Solicitor General for India Tushar Mehta told the bench that the stand of the Union of India is that the yatra should not be allowed.

"The state governments must not permit the movement of kanwariyas to bring Gangajal from Haridwar to do abhishekam in the local Shiv Temples", the SG informed the bench about the stand of Union Government.