The Supreme Court on Friday asked the Uttar Pradesh government to apprise it by July 19 on whether it would reconsider its decision to hold a symbolic Kanwar Yatra in the state, saying the right to life is paramount.
"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 citizens of India and right to life is paramount, all other sentiments whether being religious is subservient to this basic fundamental right," said the court, placing the matter for hearing on Monday.
A bench of Justices RF Nariman and B R Gavai said that it is of the prima facie view that all kinds of sentiments are subservient to Article 21 of the Constitution.
"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," the bench said.
It said the Uttar Pradesh government cannot be allowed to hold Kanwar Yatra in view of Covid.
The top court's direction came after the Uttar Pradesh 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.
The counsel for Uttarakhand told the top court that it has by its notification has decided to ban Kanwar Yatra for this year due to Covid-19.
On July 14, the top court had taken suo motu cognisance of media reports on the Uttar Pradesh government's decision to allow 'Kanwar Yatra' amidst the Covid-19 pandemic and sought responses from the state as well as the Centre "given the disparate political voices" on the matter.
It had referred to the statement of Prime Minister Narendra Modi that not even a bit of compromise can be made on Covid-19 containment and said the citizens were perplexed about the happenings in view of the fact that the UP government has allowed the religious 'yatra' commencing from July 25.
It had issued notices to the Centre and the state governments of Uttar Pradesh and Uttarakhand.
The fortnight-long yatra which begins with the onset of the month of Shravan by the Hindu calendar goes on till the first week of August and sees a large gathering of Kanwariyas in Haridwar in Uttarakhand from neighbouring states including Uttar Pradesh, Haryana and Delhi to collect the holy waters of the Ganga.