[BREAKING] "Religious sentiments subservient to fundamental right to health; Health of citizens paramount:" Supreme Court on Kanwar Yatra

The Supreme Court on Friday said that right to health of citizens of the country is of paramount importance and all other sentiments including religious sentiments are subservient to the same (In Re: ALARMING NEWSPAPER REPORT REGARDING KANWAR YATRA IN STATE OF UP)..The observations were made by a Bench of Justices Rohinton Nariman and BR Gavai in a suo motu case relating to holding of the annual Kanwar Yatra amid COVID-19 pandemic. .Though the State of Uttarakhand had called off the yatra, Uttar Pradesh (UP) had decided to go ahead with the same leading to the present suo motu case before the top court. ."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 be religious is subservient to this basic fundamental right," the Court said. The Court further remarked that State of Uttar Pradesh will not be allowed to go ahead with the Yatra. "State of Uttar Pradesh cannot go ahead with it. 100 percent," the Court said. The Court did not pass any directions on Friday but listed the matter for further consideration on Monday. State of Uttar Pradesh told the top court on Friday that total ban on the yatra will be inappropriate. "Thus, the state disaster management authority thought to conduct it in a symbolic manner with 'Gangajal' be made available in tankers (instead of collecting it from Haridwar)," Senior Advocate CS Vaidyanathan submitted on behalf of UP. The 'Gangajal' can then be taken to nearest Shiv temple for 'abhishek'. The Supreme Court, however, said that the State will have to rethink whether this physical yatra should be permitted at all. It allowed UP time till Monday to examine the issue and file an additional affidavit in this regard. "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," Justice Nariman remarked. The Court then recorded the same in its order before adjourning the case for Monday next week. "We pointed out to Senior Advocate CS Vaidyanathan that given COVID pandemic and the fear that looms over all Indians of third wave, whether the authority will reconsider of allowing this at all for compelling religious reasons. Vaidyanathan said authorities will be apprised and will come out with additional affidavit by Monday morning as to whether there can be a reconsideration of holding a physical yatra amid these conditions if at all," the order noted. .Supreme Court had, on Wednesday, taken suo motu cognizance of the decision of Uttar Pradesh (UP) government to allow the annual Kanwar Yatra amidst the COVID-19 pandemic and stated that "we cannot compromise “even a bit” when third wave of COVID stares at us. ."I read something in the Indian Express. The citizens of India are completely perplexed. They don't know what is going on. And all this amid the Prime Minister, when asked about a third wave of Covid striking the nation, saying 'we cannot compromise even one bit," Justice Nariman had said while issuing notice to UP government on Wednesday. .[BREAKING] Supreme Court takes suo motu cognizance of Uttar Pradesh decision to allow Kanwar Yatra during COVID-19, issues notice to UP.The newspaper report referred to in the order is a July 14, 2021, one by Indian Express which said: "AMID FEARS of a possible third wave of Covid-19, the Uttarakhand government on Tuesday suspended the Kanwar Yatra even as neighbouring Uttar Pradesh is pressing ahead with the annual ritual that sees a heavy movement of pilgrims2 across states in the northern belt.".The top court had noted that given the disparate political voices, all speaking at the same time, it is important that the relevant Secretary, Union of India, respond to this news report. Given the fact that this Yatra is to take off from July 25, 2021, it is necessary to fix a short time period for this case..The Central government had also filed an affidavit stating that movement of “Kanwariyas” for bringing "Gangajal‟ from Haridwar to the Shiv temples of their choice should not be allowed in view of COVID-19 pandemic.However, it had also advocated a system to make holy "Gangajal‟ available through tankers at identified / designated locations so that nearby devotees can collect such "Gangajal‟ and do “ABHISHEK” at the nearest Shiv temples..The yatra is scheduled to be held from July 25. .[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.