Aatmja Kumari(Intern Journalist): While disposing of the PIL seeking a stay on the Jagannath Rath Yatra, the Gujarat High Court said, “It is necessary to choose health over religion.” A bench of Chief Justice Justice Vikram Nath and Justice JB Pardiwala stressed the need to give priority to public health over religious expression, saying that it is the duty of any welfare state to protect the life of an individual and the good health of the community He should give him legal protection.
Last month, the court ordered that Rath Yatra will not be held in Ahmedabad and other districts of the state this year. The court then directed the government to file an affidavit on the issue. In its response to some of the government’s affidavits, the bench said that they have been disappointed with the stand taken by the state in this regard. The court said that the government has adopted a policy of appeasement.
Court said, “The main focus of the government as a secular unit dealing with COVID-19 infection in the state should be to save the health and well-being of the people even if it hurts the religious sentiments of some religious people. Given the increasing infection and increasing scarcity of resources, it is important to focus on health and not religion. “In times of pandemics, we do not have time for evasion. We need action. Strong, practical, and concerted action.”
The court further said, “We are currently in a very critical state. In the absence of an effective vaccine, social distance is a major way to prevent infection with the coronavirus. This is not the time to avoid truth and responsibility. For a government to function effectively during an epidemic, it is necessary that it has a list of priorities so that it can take quick and effective decisions. Rigorous decisions need to be taken and especially in times of crisis and it is important to keep those options and priorities clear. If the priorities are not clear and contradictory then this will create more difficulties. Gujarat is a state where every other weekend there is a celebration. Not being able to organize these cultural ceremonies is sentimental, but there is nothing more important than the health and safety of the people.”
While disposing of this petition, the court did not issue any further order in the matter. The court said that it is for the executive to decide whether the rath yatra or any other religious procession will be allowed. This dispute should not have come to the court door.
Leave a Reply