Ganga Sagar Mela: Calcutta High Court Expects State To Decide Viability Keeping In View Public Health & Covid-19 Situation

The Calcutta High Court on Wednesday sought the State government's response in a plea seeking cancellation of this year's Gangasagar Mela amidst the fresh surge in Covid-19 cases in the State of West Bengal.

Every year, on Makar Sankranti, lakhs of Hindu devotees flock to the Sagar Island in West Bengal's South 24 Parganas district to take a holy dip and offer prayers at the Kapil Muni temple. This year, the Mela is scheduled to take place from January 8 to January 16, 2022. 

A Bench comprising Chief Justice Prakash Shrivastava and Justice Kesang Doma Bhutia directed the State government to apprise the Court by tomorrow, i.e., January 6, of its decision as to whether it would permit the Mela to take place in a regulated manner or impose a complete ban. 

"Having regard to the severity of spreading of COVID virus, we expect that the State will seriously consider the plea to ban the Mela this year and take a decision in this regard keeping in view the following factors: (1) Earlier order of this Court holding that life is more important in every sense in comparison to religious practices, beliefs and faith. (2) Possibility of spread of virus on account of oral droplets and nasal droplets in the river water and their percolation and transmission through the water when the infected pilgrims will take holy dip. (3) The aspect of safety of not only the pilgrims but the persons coming in contact with the infected pilgrims and the police personnel deployed in the Mela and frontline health workers deputed in this process. (4) The State will duly take into account the positivity rate of virus and fact that within the last 24 hours there is 50 per cent increase in number of cases and also the fact that large number of doctors are already infected", the Bench observed. 

Furthermore, the Bench noted that at present large number of doctors are already infected and the police force which will be deployed to regulate the crowd at the Mela will also be susceptible to infection. 

"Learned Advocate General has sought time to response to the averments made in the petition as also the submissions made before this Court. He has submitted that the State authorities will duly consider the above plea and take an appropriate decision in respect of either banning the Mela or taking measures to regulate the rush in the Mela the Bench observed in its order", the Bench recorded in its order. 

The plea has been moved by one Dr. Avinandan Mondal, a doctor by profession, who contended that the infection may spread further as around 30 lakh pilgrims visit the religious fair at Sagar Island every year. Accordingly, he sought directions to stop the Gangasagar Mela this year as the State of West Bengal has been witnessing an exponential rise in the number of Covid-19 cases. 

Submissions by the petitioner 

Advocate Srijib Chakraborty appearing for the petitioner contended before the Bench that over the last few days, the State has seen a prolific rise in the number of cases. He submitted that on January 4, 2022, the State witnessed 9,073 Covid-19 cases and the infection rate was as high as 18.96 percent. He further submitted that pilgrims going to the Ganga Sagar Mela will be traveling through the city of Kolkata which will result in further increase in the positivity rate in Kolkata. 

The Bench was further apprised that the State government had issued a notification on January 2, 2022, wherein it had stipulated that not more than 50 persons will be allowed for social, cultural and religious gatherings. Accordingly, the counsel argued that in such circumstances, the State government should not permit the Ganga Sagar Mela to take place which will entail a congregation of almost 18 lakhs of people. 

The counsel further submitted that between January 3 to January 4, 2022, the number of Covid-19 cases increased from 6,078 to 9,073 which is almost a 50 percent increase in the number of cases. It was further pointed out to the Court that almost 50 percent of the police force of the State is deployed at the Mela which thus exposes even the police force to Covid-19 infection. 

The Court was further apprised that the Gangasagar Mela Act, 1976 has been enacted to safeguard public health and protect the pilgrims attending the Mela. Pursuant to Section 4 of the Act, whole or a portion of the area of the Sagar land can be notified by the State government, it was stated further. Accordingly, the petitioner prayed that in view of the prevailing situation, the entire area should be notified as a containment zone. 

Reliance was also placed on the High Court's decision regarding the Ganga Sagar Mela last year in the case of Ajay Kumar De v. The State of West Bengal wherein extensive guidelines had been formulated by the Court to regulate the Mela. It was further argued that last year when the Ganga Mela was permitted to take place, the second wave of the pandemic had not yet begun. However, at present the State of West Bengal is the middle of a 3rd wave, it was contended further. 

Submissions on behalf of West Bengal Doctors' Forum 

Advocate Aniruddha Chatterjee appearing for the West Bengal Doctors' Forum (intervening party) submitted before the Court that in the State of West Bengal, not only the Omicron variant but also the Delta variant of the Covid-19 virus is spreading parallelly. He further pointed out that the pilgrims also extensively use public transport while going to the Mela which increases the risk of infection.

It was further submitted that at present the infection rate in West Bengal is close to 18.9 percent and thus prayed for directions to ensure that ceremonies pertaining to the Mela are held virtually. 

He further pointed out that presently the positivity rate in West Bengal is 18.9 per cent and in any case the main ceremony of Mela can be held virtually and that the there is only one small hospital in the Sagar Islands where also most of the doctors are infected by COVID.

Submissions on behalf of State

Advocate General SN Mookherjee sought time till tomorrow to inform the Bench by way of an affidavit about the arrangements made to regulate the Ganga Sagar Mela in order to curb the spread of infection.

He further submitted that last year when the Mela was allowed to take place in a regulated manner, vaccination of people had not even started which is not the case anymore. He further contended that the severity of infection and transferability is far less severe when it comes to the Omicron strain of the virus.

It was also pointed out to the Court that detailed arrangements in accordance with the directions issued last year by the High Court have been made with respect to the Ganga Sagar Mela.

The matter is slated to be heard next on January 6 at 2pm.  

Case Title: Dr. Avinandan Mondal v. State of West Bengal & Ors