Religious sentiments subservient to fundamental right to health: Supreme Court

The Supreme Court on Friday stated that “State of Uttar Pradesh cannot go ahead with hundred percent Kanwar Yatra. The right to health of citizens of the country is of paramount importance and all other sentiments including religious sentiments are subservient to the same. The observations were made by a Bench of Justices Rohinton Nariman and BR Gavai in a suo motu case relating to holding of the annual Kanwar Yatra amid the Covid-19 pandemic.

The Court said that “we are of prima facie view that it concerns all of us and is at the heart of the fundamental right to life. The health of citizenry of India and right to life is paramount, all other sentiments whether be religious is subservient to this basic fundamental right,”. 

The Central government had also filed an affidavit stating that the movement of “Kanwariyas” for bringing “Gangajal‟ from Haridwar to the Shiv temples of their choice should not be allowed in view of the Covid-19 pandemic. However, it had also advocated that a system to make holy “Gangajal‟ available through tankers at identified/designated locations should be provided. The nearby devotees can collect such ‘Gangajal’ and perform the rituals at the nearest Shiv temples. The yatra is scheduled to start on July 25.

The Supreme Court, however, said that the State will have to rethink whether this physical yatra should be permitted at all. It allowed UP authorities time till Monday to examine the issue and file an additional affidavit in this regard. Supreme Court had taken suo moto cognizance of the decision of the Uttar Pradesh (UP) government to allow the annual Kanwar Yatra amidst the Covid-19 pandemic. The Court was firmly against the decision and said that there cannot be any compromise of any sort when the fears of the third wave of Covid virus are eminent.

The Court adjourned the case till Monday. The Court pointed to Senior Advocate CS Vaidyanathan, who appeared for UP government, that “given Covid pandemic and the fear that looms over all Indians of the third wave, whether the authority will reconsider of allowing this at all for compelling religious reasons”. Vaidyanathan said authorities will be apprised and will come out with an additional affidavit by Monday morning as to whether there can be a reconsideration of holding a physical yatra amid these conditions if at all.