BACKGROUND
- The Bench headed by Justice RF Nariman took suo motu cognizance of the decision of the UP Government to allow Kanwar Yatra with strict norms of social distancing.
- The yatra attracts around 30 million people from north and north-western states to Haridwar in Uttarakhand where they collect water from the river Ganga and take it back to their home on foot or in cycles.
- The Uttarakhand Government canceled the Kanwar Yatra in view of the COVID-19 situation, but the Uttar Pradesh Government allowed it to be held between July 25 and August 6.
BEFORE THE COURT
- Senior Advocate CS Vaidyanathan submitted before the Court that the yatra was being held symbolically with a limited number of devotees under strict conditions.
- Earlier that day, the Centre informed the Gourt that the State Governments should not allow the devotees to hold Kanwar yatra and collect water from Ganga.
- It also stated that considering the old age and custom and tradition and to uphold it, the States should make available the holy water through tankers in the respective states.
OBSERVATIONS OF THE COURT
- The Court warned the UP Government to reconsider its decision or it will pass the order by taking matters into its own hands.
- The Court stated that all emotions, including religion, are secondary to the Right to Life enshrined in Article 21 of the Constitution and the health of citizens of India is paramount.
- The Court did not pass any directions and moved the case for further hearing and decision of the Government.
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