Supreme Court asks UP to reconsider Kanwar Yatra decision

All sentiments, including religion, are subservient to the Right to Life, the Supreme Court said on Friday and asked the Uttar Pradesh government to inform by July 19 whether it would reconsider its decision to hold a "symbolic"Kanwar Yatra.

"One thing is clear; we cannot allow the Uttar Pradesh government to hold 100 per cent physical Kanwar Yatra in view of Covid. We are all citizens of India. This suo motu case is taken as Article 21 applies to all of us. It is to safeguard all of us", the top court said.

The Centre told the top court that the state governments must not permit any kind of Kanwar yatrain view of the pandemic and arrangements should be made for water from the Ganges to be available through tankers at designated places.

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The Uttarakhand government earlier this week cancelled the annual ritual that sees thousands of Shiva devotees called 'kanwariyas' travel mostly on foot to collect water from the Ganges and bring it back to their villages.

Uttar Pradesh is going ahead with a pared-down 'symbolic'version.

A bench of Justices R F Nariman and B R Gavai said the Right to Life under Article 21 of the Constitution is paramount and asked the Uttar Pradesh government whether it was willing to reconsider its decision to hold a yatra at all.

The apex court's direction came after the Uttar Pradesh government told the bench it has decided after relevant discussions to hold a 'symbolic'Kanwar Yatra with appropriate Covid restrictions.

"Total ban on the yatra will be inappropriate," senior advocate C S Vaidyanathan, appearing for the Uttar Pradesh government, told the court.

He said they have filed an affidavit stating that a symbolic yatra would be held with the minimum presence of devotees and also keeping in mind religious sentiments.

The top court after perusing the affidavit of the UP government which explained how 'symbolic' Kanwar Yatra will take place in the state, noted that it has pointed out to Vaidyanathan that given the Covid pandemic and the fear that looms over all the citizens of India of a third wave of the pandemic whether the authorities would be in a position to reconsider holding or the allowing, for compelling religious reasons, of this yatra in physical form at all.

It noted in its order that Vaidyanathan responded positively to the court's suggestion and asked for time to come out with an additional affidavit by July 19, to apprise this Court as to whether there can be a reconsideration of holding the physical 'Kanwar yatra' at all.

On July 14, the top court took suo motu cognisance of media reports on the Uttar Pradesh government's decision to allow the yatra amid the Covid pandemic and sought responses from the state as well as the Centre "given the disparate political voices" on the matter.

The top court had said it was a 'little disturbed'to read that Uttar Pradesh has chosen to continue with the 'Kanwar Yatra', while Uttarakhand had decided against it.