In Folklore Lord Jagannath Travels In Chariot, Police Prohibiting Rath Yatra Amounts To Interference With Religious Practice: Calcutta High Court

The Calcutta High Court on Monday, urgently took up a matter concerning the Jagannath Rath Yatra festival to be celebrated in West Bengal, culminating on the 20^th of June 2023.

A single-bench of Justice Rajasekhar Mantha held that the Howrah Police’s directives in not allowing a chariot procession to take place by devotees of Lord Jagannath, would be unreasonable and amount to an “interference with religious practice.”

In the directive issued by the West Bengal Police, it was laid down that chariots may be used by the devotees to carry the deity up to a certain point, after which, due to traffic constraints, the devotees would have to offload the deity and carry them by hand to the temple. On this point, Justice Mantha observed:

“...to require the petitioner to physically carry the deity from the temple located near the Delta Jute Mill gate to Beltala More without a chariot, would negate, defeat and compromise the object and purpose of the Rathyatra…A Rathyatra as folklore and mythology would have, meant for the deity Lord Jagannath and Balabhadra to travel on a chariot from their house to their sister’s house/aunt’s house to visit and to see an unwell aunt.”

In response to the point raised by the State and Kolkata Police on the management of devotees, traffic, & law and order being affected by the unabated movement of chariots, Justice Mantha remarked:

“…over the decades and centuries, people of all the religious denominations have participated with joy and/or actively supported Rathyatra in this State….such festival and practice is being followed in this Country for thousands of years. It would be grossly inappropriate on the part of the police to dictate that the deity has to travel without a chariot half way on the journey i.e. for about 300 meters…Insofar as the sensitivity issue raised by the police, this Court is of the view that over the decades and centuries, people of all the religious denominations have participated with joy and/or actively supported Rathyatra in this State. To restrict a Rathyatra, and to impose conditions therefor would amount to interference with a religious practice which has not happened in this State or any other part of the country, till date.”

Earlier, on the 16^th of June 2023, the Petitioner had approached the Court for permission to hold a Rath Yatra parade in a certain area. The Court had directed him to approach the appropriate police authorities for requisite permission. Aggrieved by the response of the Police, the petitioner moved this urgent petition on 19^th June.

While disposing of the petition, Justice Mantha opined:

"The petitioner shall as already directed earlier, maintain peace and harmony in the procession of the Rathyatra…if there is any anticipation of any vested interest or elements to disrupt the religious function, appropriate and stern procedural measures shall be taken by the police.”

Case Title: Manoj Mishra v State of WB

Coram: Justice Rajasekhar Mantha

Citation: 2023 LiveLaw (Cal) 165

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