The Supreme Court on July 16 did not agree with the Government proposal Uttar Pradesh to conduct “symbolically” Kanwar Yatra amid a pandemic for “forced religious reasons”, by saying the fundamental rights of residents throughout the religion and their rights to undergo religious sentiments.
Judge Rohinton F. Nariman and B.R judge Gavai gave Uttar Pradesh Time until July 19 to rethink their proposal and submit a written statement. If the country does not change the plan, Judge Nariman said the court “will give whatever we have to convey” on July 19.
“We are from Prima Facie’s view that this is a problem concerning everyone from us as an Indian citizen and goes to the heart of Article 21 (the right to life), which has the pride of the place in the Chapter of the Fundamental Rights of the Indian Constitution. Indian citizens and the right to Life is the most important. All other sentiments, even though they are religious, subject to this basic fundamental right, “Judge Nariman was dictated in the order.
The trial began with Public Lawyers Tushar Mehta proposed that “the state may not allow the movement”. Top Law Officers explained the logistics of Yatra, the aim and what participants did, including they collected Ganga Jal (water) from Haridwar and did Abhishek in various Shiva Temple.
A written statement was submitted by the “Late” center in the Supreme Court.
After reading quickly, Affidavit, Judge Nariman announced firmly, “the state of Uttar Pradesh cannot continue this, 100%”.
The bench refused to allow “physical yatra”.
Senior Advocate C.S. Vaidyanathan, for Uttar Pradesh, interfered, “We only want Yatra Symbolic”.
“The past experience shows that the total prohibition will be inappropriate,” Senior lawyer handed over Uttar Pradesh.
Mr. Vaidyanathan was then taken out of the written statement Uttar Pradesh, explained that his decision to hold Yatra was reached after considering “faith and religious sentiment and after consulting with the Disaster Management Authority”.
He explained that Yatra will be held with the minimum number of people who maintain social distance.
“Jal Holy Ganga will be available for Abhishek at the nearest Shiva temples,” he said.
Only people who have been vaccinated and clean up the RT-PCR test will be given permission to go on Yatra. In short, the state government promises strict steps remembering a pandemic.
However, the court was not impressed.
“Whether we send orders directly or you [Uttar Pradesh] reconsider physical yatra. Pandemic affects all of us. There is fear of the third wave hitting us … We are an Indian citizen … Article 21 applies to all of us. Mr. Vaidyanathan, return and ask your authority to reconsider physical yatra … if not, we will give you what we have to convey, “Judge Nariman discussed a senior lawyer for Uttar Pradesh.
Mr. Vaidyatan agreed to consult with the state government authority and submit additional written statements on July 19.
Meanwhile, Uttarakhand told the court that it had truly banned Kanwar Yatra in the order on June 30, considering the pandemic.