In the aftermath of the COVID-19 outbreak, the Supreme Court on Friday requested the Uttar Pradesh government to review its decision to allow the Kanwar Yatra this year.
While adjourning the case until Monday, the Supreme Court stated that “the safety of citizens and the right to life are paramount, and all other sentiments, whether religious or not, are subservient to this basic fundamental right.”
The court gave the Yogi government of UP 48 hours to reconsider its decision on even allowing a ‘symbolic’ Kanwar Yatra and come back with a response on Monday, adding that it will otherwise pass an order.
The SC noted that prima facie, it is of the view that “it (Kanwar Yatra) concerns all of us and is at the heart of the fundamental right to life. The health of citizens of India and right to life is paramount; all other sentiments whether being religious is subservient to this basic fundamental right under Article 21 of Constitution.”
The court’s direction came after the UP government told the bench that it has decided after relevant discussions to hold a “symbolic” Kanwar Yatra with appropriate Covid restrictions.
“The UP disaster Management Authority discussed this issue and said those who undertake yatra must be fully vaccinated. Gangajal is being kept at tankers at locations,” CS Vaidyanathan, appearing for the state, told the SC.
To this, Justice Nariman replied, “We all are citizens of India Article 21- right to life applies to all. UP cannot go ahead with physical yatra.”
Solicitor General Tushar Mehta for the Centre told the top court that states shall not be allowed to hold Kanwar Yatra in view of Covid and arrangements for Ganga water should be made by tankers at specified places.
