New
Delhi:
Health and the Right to Life is paramount, the Supreme Court said today as it
gave the Uttar Pradesh government time till Monday to reconsider its decision
to allow the Kanwar Yatra this year amid Covid worries.
“We
all are citizens of India. Article 21 - the Right to Life - applies to all. UP
cannot go ahead with physical yatra. 100 percent,” said Justice RF Nariman.
Posting
the next hearing to Monday, the Supreme Court said it was giving the state “one
more opportunity to reconsider” or else, it would pass orders.
“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 it be religious (or otherwise), are
subservient to this basic fundamental right,” Justices Nariman and BR Gavai
said.
“We
can give you one more opportunity to consider holding yatra physically at all.
This or else we pass an order. We are all Indians and this suo motu has been
taken up as Article 21 applies to all of us. Either you reconsider to have it
at all or we deliver,” it said.
The
Supreme Court had taken up the issue on its own and had asked UP and the Centre
to respond on the yatra, which has been cancelled by Uttarakhand.
The
UP government told the court it would allow a symbolic yatra and that only
devotees who have been fully vaccinated could participate.
“The
UP Disaster Management Authority discussed this issue and said those who
undertake the yatra must be fully vaccinated. Ganga jal is being kept at
tankers at locations,” the UP government's lawyer, CS Vaidyanathan, told the
court.
The
Centre did not oppose the Kanwar Yatra but spoke about religious sentiment.
“This
is an age-old custom and considering religious sentiments, states must develop
a system to make holy Ganga jal available through tankers. States must ensure
distribution of Ganga jal amongst devotees should follow social distancing,
adhering to all protocols,” the Centre told the court.
Earlier
this week, the Supreme Court had said citizens were “perplexed” that UP had
allowed the yatra at a time Prime Minister Narendra Modi and medical experts
have warned against large gatherings and have urged people to follow social
distancing and other Covid protocol.
The
yatra had been cancelled last year, too, amid the first wave.
Every
year, an estimated 30 million Kanwariyas (devotees of Lord Shiva) from various
northern states travel on foot or by other means to collect water from River
Ganga at Haridwar to offer at Shiva temples in their areas.
The
fortnight-long yatra, which begins with the onset of the month of Shravan,
around July 25, and goes on till the first week of August, sees Kanwariyas from
Uttar Pradesh, Haryana, Punjab, Delhi, and Himachal Pradesh gathering in
Uttarakhand's Haridwar.
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