Bombay High Court allows Jain Trusts/ temples in Mumbai, Pune and Nashik to deliver parcels of pious food during Ayambil Tap

The Bombay High Court on Friday allowed sixty trusts/ temples of Jain community in Mumbai and three Jain trusts/ temples to organise delivery of parcels of pious cooked food - 'Ayambil' to devotees for a period of nine days during the 'Ayambil Tap', a religious festival celebrated by Jain community..The delivery has to be done through a team of not more than seven volunteers, the Court further said. .The Trusts are allowed to make use of the kitchens in their temples for preparation of special cooked food, the Court said. "Under no circumstances shall devotees be allowed to enter temple premises for taking away pious ayambil food allowed by this order and the food preparation and delivery will comply with State government order of Tuesday," the Court clarified. .The order was pronounced by the Vacation Bench of Justices SC Gupte and Abhay Ahuja in the plea filed by two religious Trusts, Shree Trust Atman Kamal Labdhisurishwarji Jain Gyanmandir Trust and Sheth Motisha Religious and Charitable Trust raising grievance against the decision of the State to not open up religious places/places of worship for the members of the public.The petitioners amended their plea to include an alternate relief seeking directions to allow the devotees to take away the pious cooked food from concerned temple premises for a specific time-period of nine days during the 'Ayambil Tap' which lasts from April 19 to 27, 2021.Considering that the SOP allowed for delivery of food to public from restaurants and hotels, the Court opined it was in the interest of justice to allow the Trusts also to deliver food through volunteers.The order passed on Friday mandated the following:.- During the penance, the 'Ayambil Oli Tap', starting from April 19 to 27, 2021, each of the Trusts can organise delivery on days mentioned above through a team of volunteers not exceeding seven. - The same has to be done through professional distribution service agencies as permitted through the Standard Operating Procedure (SOP) issued by the Maharashtra Government on Tuesday..- In preparing the food and executing delivery of the pious food to their devotees, the Trusts and their agents should abide by the guidelines issued in the SOP. "Under no circumstances shall the devotees be allowed to enter the temple premises for taking away the special food allowed by this order," the order said. .Advocates Prafulla Shah, Gunjan Shah and Kayval Shah for the Jain Trust had informed the Court on Thursday that since special cooks prepare the meal with the required ingredients in a specific manner, it is not possible for every devotee to prepare those meals at their homes..The Bench had remarked that the request for devotees to pick up the pious food from the temple in specific slots and batches seemed reasonable. The Court, had, therefore, directed Government Pleader to get instructions on this aspect from the concerned authorities..Pursuant to that, Government Pleader Jyoti Chavan informed the Court on Friday that as per the existing SOP and considering the spike in COVID cases, the State could not permit any dining hall to operate for any number of days and people and hence, the government would not permit take aways and gathering of congregation..She expressed her apprehension that if one religious community is allowed, for however small a period, other religions may follow suit. "It will then be difficult to manage the crowd. There has to be a common parameter for all religions," she submitted. She also remarked that "Now all religions should accept that we have to fight for humanity. That is what religions teach us.".The Bench agreed with her submissions stating that it was not inclined to allow the prayer for taking away food. However, it proposed the alternative of delivery of food. This is something that could be allowed depending on how the Trust plans to conduct the delivery operation, the Court said. "Suppose at a time 100 people come there, then what do you do? ...If you are not inclined to consider delivery option by team of agents, then we are not going to relax SOP, it is not within out power anyway," the Bench remarked. .Chavan agreed with the same stating that government has no objection to the distribution of pious food through a system of delivery as proposed by the court. The Bench the pronounced the order allowing delivery of pious food and disposed of the petitions. A similar petition filed by trusts in Pune and Nashik was also disposed of by the same order..The parties were granted liberty to move the Court in case of any change in circumstances to seek opening up of the trusts and temples for their devotees.[Read order here]