Case Title: In Re Alarming Newspaper Report Regarding Kanwar Yatra in State of UP, Suo Motu Writ Petition
The Supreme Court ruled that religious beliefs are subservient to the fundamental right to life and health in a suo moto case against the Uttar Pradesh government's decision to allow the Kanwar Yatra pilgrimage amid the COVID-19 pandemic.
A bench comprising of Justices RF Nariman and BR Gavai ruled that the state of Uttar Pradesh cannot proceed with the Kanwar Yatra, especially when the Union Government has spoken out against it.
"We are of the view that 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, which has a pride of place in the fundamental rights Chapter of our Constitution. The health of the citizenry of India and their right to "life" is paramount. All other sentiments, albeit religious, are subservient to this most basic fundamental right," the bench observed in the order.
The court directed the Uttar Pradesh government to rethink its decision to allow the physical Kanwar Yatra.
The Court asked Mr. Vaidyanathan, learned Senior Advocate appearing for the State of U.P. that, "given the Covid pandemic and the fear that looms over all Indian citizens of a third wave of the pandemic, whether the authorities would be in a position to reconsider holding or allowing, for compelling religious reasons, of this yatra in physical form at all?"
According to the decision, Senior Advocate Vaidyanathan responded "positively" to the bench's observation and requested time to obtain instructions.
"We will either pass the orders directly to you or give you one more chance to contemplate physically holding yatra. The pandemic strikes everyone. We are all Indian citizens. This case was chosen on the spur of the moment since Article 21 applies to all of us. Its purpose is to protect all of us, " Justice Nariman said to Vaidyanathan orally.
According to the senior lawyer, a total prohibition on the yatra would be impossible, so the state approved it with a limited number of devotees under strict conditions.