The Supreme Court asked the Uttar Pradesh government to either withdraw the decision to allow the Kanwar yatra or invite an order from the court, given the fear of a third Covid-19 wave.
Uttar Pradesh government cancelled the Yatra after the Supreme Court intervention.
What is the case about?
In the Kanwar yatra, the Kanwarias, devotees of Shiva, make a pilgrimage to collect water from the Ganga.
It was not held last year (2020) due to COVID-19.
The Uttarakhand government had earlier cancelled the yatra in its territory.
It rightly heeded to warnings by experts that such large gatherings posed a major risk to public health, amidst fears of a third wave.
But Uttar Pradesh CM Yogi Adityanath appeared keen that the pilgrimage be held this year (2021).
The Court was disturbed by reports of the plan to conduct the yatra, resulting in the initiation of suo motu proceedings.
What were the Court’s remarks?
The Court disagreed with even the idea of a ‘symbolic yatra’ in deference to religious sentiment.
It emphasised, “the health of the citizenry of India and their right to ‘life’ are paramount”.
It said that all other sentiments, albeit religious, were subservient to this most basic fundamental right.
This is a matter which concerns every one of us as citizens of India, and goes to the very heart of Article 21 of the Constitution of India.
Why is the case significant?
The organisation of the Kumbh Mela earlier in 2021 was seen as responsible for a surge in infections in the run-up to the disastrous second wave.
There may be a case for lockdown relaxations aimed at economic revival and restoration of normality in most parts of the country.
But there cannot be justifications for large gatherings in the name of religion.
Clearly, right to life and safety takes precedence over religious rights.
Any relaxation after a long spell of severe curbs will have to be based on a scientific assessment of the number of daily infections, the rate of positivity and signs of fall in cases.
