SC says cannot allow 100% physical Kanwar Yatra, asks UP to reconsider decision

New Delhi/Lucknow: All sentiments, including religious, 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 yatra in view of the pandemic and arrangements should be made for water from the Ganges to be available through tankers at designated places.

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.

We are of the view that this is a matter which concerns everyone 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 are paramount. All other sentiments, albeit religious, are subservient to this most basic fundamental right, the bench said.

Hours after a nudge from the Supreme Court, the Uttar Pradesh government said it is talking with "kanwar sanghs" to take a right decision on the annual yatra and reminded that the organisations themselves decided to cancel it last year.

"The government was preparing itself for every situation for the Kanwar Yatra, scheduled to start from July 25. The government did not want to take any risk. Officers have been asked to talk to 'kanwar sanghs' so that a right decision could be taken. The officers are also apprising them of the Covid situation," a statement issued by state government said.

"The government feels that religious sentiments should not be hurt and also there should be safety of people. Last year, 'kanwar sanghs' after talks with government themselves decided to cancel the yatra," the statement said.

The statement said Chief Minister Yogi Adityanath has directed the Additional Chief Secretary (Home) and the Director General of Police (DGP) to talk to other states.