Calcutta High Court allows Chhath Puja worship by devotees on private property

The Calcutta High Court on Friday allowed devotees to offer prayers for Chhath Puja on private property, subject to strict supervision by the police and volunteers. [Kanchan Dubey and Ors v. The State of West Bengal and Ors]

A Bench of Chief Justice Ravindra Vithalrao Ghuge and Justice Om Narayan Rai was hearing a public interest litigation (PIL) filed by a group of women seeking permission to celebrate Chhath Puja for a few thousand devotees on a private property belonging to the Shib Krishna Debutter estate, located on the Ganga river bank at Rashbari ghat in Bally, Howrah.

The Court framed several guidelines to monitor the crowd and enable the devotees to offer prayers.

According to the plea, the High Court on several instances over the years had allowed the petitioners' community to conduct their rituals. Counsel for the petitioners submitted that the rituals would be completed within 19 hours.

Furnishing the Court with a list of the ghats in that locality, he also submitted that all other ghats apart from the one in the estate were in such bad condition that allowing a crowd of devotees on them would inevitably lead to casualties.

The Court was initially hesitant to grant an order allowing the procession on private land. It suggested that the State government could acquire the property against compensation to the estate and allow the devotees the right of worship.

"How can we pass a writ of mandamus allowing people to barge into private property?" the Court asked.

Additional Advocate General Billwadal Bhattacharyya, appearing for the State, assured the Court that the government would take appropriate steps to monitor the crowd. He asked that a final chance of worship be given to the devotees this year, since policies regulating worship were already in the making.

Counsel for Shib Krishna Debutter Estate vehemently opposed these stances. He emphasised that the pathway through which the riverbank was to be accessed was extremely narrow and that the embankments themselves were over a century old. He cited dangers of a potential stampede.

The Court arrived at a compromise by fixing strict guidelines for worship by devotees.

It lay down guidelines capping the number of devotees to 3,500. The numbers are to be tracked by metal detectors and CCTV cameras monitored by the police.

It further directed that no temporary structures except changing rooms were to be erected on the riverbank, with a strict bar on loud music, DJ processions and entry and exit of any sort using automobiles beyond a particular point.

The Court also took note of the names and phone numbers of several volunteers from amongst the worshippers who were made responsible for managing and restraining the crowd along with preventing any untoward incidents in coordination with the police officials.