The Madras High Court on Wednesday declined to lift the restrictions imposed by the government on the celebration of Ganesh Chaturthi this year, amid the COVID-19 pandemic (ELA Ganapathi v. Government of Tamil Nadu)..The Bench of Chief Justice Sanjib Banerjee and Justice PD Audikesavalu also took the opportunity to reiterate that the right to life takes priority over the right to practice religion. "It has been repeated by constitutional courts over the last year or so that the right to life is paramount and it is only if the person survives that his right to practice his religion is effective", the Court said. .The petitioner had challenged an August 31 notification issued by the State government banning installation of Ganesha (Vinayaka) idols in public spaces and taking them out in a procession for immersion in water bodies. .A direction was sought to the State to permit the installation of idols and conduct of public processions, subject to social distancing norms. The Court, however, held that it would not interfere with the State government's restrictions."Since the restrictions have been imposed in public interest and there is no certainty that the pandemic has altogether abated, the impugned notification cannot be interfered with", the Court said, while disposing of the plea..In a similar matter dealt with by the Court earlier this week, the State had submitted that the restrictions on Vinayaka Chaturthi celebrations were imposed in line with the Central government's instructions on the same amid the pandemic. .The Court had disposed of the earlier plea after taking on record that small temples would be opened for the weekend and that devotees would be permitted to place Ganesha idols outside doorsteps for the State's Hindu Religious and Charitable Endowments Department (HR&CE Department) to collect and immerse in water bodies. .[Read Order]
The Madras High Court on Wednesday declined to lift the restrictions imposed by the government on the celebration of Ganesh Chaturthi this year, amid the COVID-19 pandemic (ELA Ganapathi v. Government of Tamil Nadu)..The Bench of Chief Justice Sanjib Banerjee and Justice PD Audikesavalu also took the opportunity to reiterate that the right to life takes priority over the right to practice religion. "It has been repeated by constitutional courts over the last year or so that the right to life is paramount and it is only if the person survives that his right to practice his religion is effective", the Court said. .The petitioner had challenged an August 31 notification issued by the State government banning installation of Ganesha (Vinayaka) idols in public spaces and taking them out in a procession for immersion in water bodies. .A direction was sought to the State to permit the installation of idols and conduct of public processions, subject to social distancing norms. The Court, however, held that it would not interfere with the State government's restrictions."Since the restrictions have been imposed in public interest and there is no certainty that the pandemic has altogether abated, the impugned notification cannot be interfered with", the Court said, while disposing of the plea..In a similar matter dealt with by the Court earlier this week, the State had submitted that the restrictions on Vinayaka Chaturthi celebrations were imposed in line with the Central government's instructions on the same amid the pandemic. .The Court had disposed of the earlier plea after taking on record that small temples would be opened for the weekend and that devotees would be permitted to place Ganesha idols outside doorsteps for the State's Hindu Religious and Charitable Endowments Department (HR&CE Department) to collect and immerse in water bodies. .[Read Order]
