The Supreme Court on Friday observed that “the Uttar Pradesh government cannot go ahead with the kanwar yatra – 100%”, asking the state to either withdraw the decision to allow the religious pilgrimage “in the interest of health of the citizenry of India”, or invite an order from the court.
Citing widespread fears of a third wave of Covid-19, the bench of justices Rohinton F Nariman and BR Gavai gave the state government time till Monday to reconsider its decision of allowing the kanwar yatra due to “compelling religious reasons” and convey it to the court.
The ultimatum effectively ends any chance of the yatra, which attracts around 30 million pilgrims from many northern and northwestern states to Haridwar in Uttarakhand, where they collect water from the Ganga (gangajal) and take it back home, on foot or on cycles. Many of the pilgrims are from Uttar Pradesh, which is keen to go ahead with the yatra despite fears that it could be a super spreader event, and despite warnings from public health officials. Uttarakhand has already cancelled the yatra and said it will not allow the entry of pilgrims. Uttar Pradesh was looking at ways to ship gangajal in tankers and then allow the pilgrims to collect it by walk or cycle. Both states go to polls early next year.
Hours after the Supreme Court asked the Uttar Pradesh government to reconsider its decision to hold the Kanwar Yatra scheduled to begin from July 25, the government maintained that “if” the yatra took place, it would happen in accordance with Covid-19 protocols and “with the consent of Kanwar associations”.
A government spokesperson said that chief minister Yogi Adityanath has asked the administration to speak with Kanwar associations and discuss the matter so that a decision could be taken on holding the yatra.
“The CM has also instructed the additional chief secretary (home) and the DGP to contact other states on what they are planning to do with regard to the yatra. The government is putting in all efforts to make sure that religious sentiments are not hurt and devotees who participate in the traditional journey can also be protected amid the pandemic,” the spokesperson said.
A bench of Justices R F Nariman and B R Gavai said the Right to Life under Article 21 of the Constitution is paramount and asked the Uttar Pradesh government whether it was willing to reconsider its decision to hold a yatra at all.
We are of the view that this is a matter which concerns everyone of us as citizens of India, and goes to the very heart of Article 21 of the Constitution of India, which has a pride of place in the fundamental rights Chapter of our Constitution. The health of the citizenry of India and their right to life are paramount. All other sentiments, albeit religious, are subservient to this most basic fundamental right, the bench said.
Hours after a nudge from the Supreme Court, the Uttar Pradesh government said it is talking with “kanwar sanghs” to take a right decision on the annual yatra and reminded that the organisations themselves decided to cancel it last year.
“The government was preparing itself for every situation for the Kanwar Yatra, scheduled to start from July 25. The government did not want to take any risk. Officers have been asked to talk to ‘kanwar sanghs’ so that a right decision could be taken. The officers are also apprising them of the Covid situation,” a statement issued by state government said.
