AUTHOR – Chikita Malhotra
During the pandemic, the biggest festival of Orrisa came in the light of the High Court and the Apex Court of India. On 1st June 2020, the Public Interest Litigation (PIL) was filed regarding the permission to have Darshan of Puri Jagannath Temple in the Orrisa.
On 8th June 2020, the Orrisa High court rejected the PIL considering the situation of COVID -19 and the order of the state government which states that all religious places should be closed for all public till the end of this month.
The Petitioner submitted the connotation regarding the guidelines stated by the Union Ministry of Home Affairs on 30th May 2020. It was stated that phase I of the unlock has been allowed to open the temple for the public from 8th June 2020. The State Government in reference to the order of the Union Ministry, passed certain guidelines for the benefit of the state, to prevent the state from pandemic situations. The guideline stated that all religious places will be closed till 30th June 2020.
The petitioner further stated that ‘darshan’ of Shnana Purnima should be allowed by taking proper precautions of social distancing, using masks and thermal screening of people and they can visit in the side of Meghananda Pacheri. The state has challenged the connotations and violated the fundamental rights of the petitioners given under Article 25 of Part III of the Constitution of India.
The Advocate General on behalf of the state has submitted the guidelines which were issued by the central government regarding phase I of unlocking in which all the temple and place of worship could be open from 8th June 2020. Nevertheless, the fact is that the Shnana Purnima was going to be held on 5th June 2020 and it is not possible to permit it.
The High Court stated that if we grant permission to conduct Shnana Purnima it will be difficult to manage people and very difficult to identify who is ill and prevent people from spreading corona-virus. The bench on 8th June 2020, directed the state government to take measures as per the current situation in their state to close the temple and religious place.
On 15th June 2020, a tragedy happened when Odisha Vikash Parishad proceeded towards the Apex court to put a stay on the Rath Yatra which was scheduled on 23rd June 2020 because of an increase in the pandemic situation.
Advocate Ranjeeta Rohatgi filed an appeal imploring that religious practice will attract lakhs of people and if permission is granted for Rath Yatra on the scheduled date, it can spread the coronavirus among people who will participate in Jagannath Yatra.
On 8th June 2020, the High Court rejected the plea in the case of Surendra Paingrahi v. State of Odisha, it was regarding Shnana Purnima because as per Phase I guideline, that temple was going to open from 8th June 2020 but seeing the scenario, the High Court rejected the plea.
The court stated that guidelines of the central government were passed on 30th May 2020 and the Center has given the discretion to the States to decide whether to open Phase I or not, per the situation in their states.
On 18th June 2020, the Apex Court had stopped the preparation of Rath Yatra and states that no Rath Yatra will be conducted this year in Lord Jagannath Temple in Odisha. The bench was led by Chief Justice of India S A Bobde passed the order on the plea of Vikash Parishad. The court also ordered that no religious practice will take place in Odisha this year for Rath Yatra.
On 19th June 2020, the appeal was fled to a review on the order of 18th June 2020.
On 22nd June 2020, Gujarat High Court put a stay on Rath Yatra after the reference to the Supreme Court decision in the Case of Odisha Vikash Parishad v. Union of India & or in which it was stated no practice of Rath Yatra will be held in the Lord Jagannath Temple in Odisha.
On 22nd June 2020, the Centre and Odisha Government were able to seek permission to conduct Rath Yatra with all preventive measures. The Solicitor General Tushar Mehta approached the bench which was headed by Justice Arun Mishra:
The Solicitor General stated that rituals of Lord Jagannath Rath Yatra shouldn’t be stopped, as it is a matter of faith for crores. If Yatra is not performed on 23rd June 2020. So, Lord Jagannath will not able to come out for twelve years as per the rituals.
He pleaded that Centre has found out the ways to measures which can be adopted in the festivals like granting permission to priests only who were tested negative for COVID 19 to conduct the practice of rituals.
As per the pandemic, is increasing state government can put curfew for a day. So, that coronavirus didn’t spread. People should not gather in the temple but seek, blessings from the live telecast and all the activities of the temple will be supervised by the Raja of Puri.
The Senior Advocate Harish Salve who was representing the state agreed with the point of view of the Solicitor General.
On 23rd June 2020, the Supreme Court permitted to conduct Lord Jagannath Rath Yatra at Puri with all precautions mentioned like:
All entry in the city of Puri should be closed ( through the airport, railway station, bus stands, etc).
The state government will impose a curfew for a day in Puri.
Each can be pulled by 500 only.
There will be a distance between every Rath of one or two hours.
Those who are pulling Rath, they shall maintain social distancing among them.
After completion of Rath Yatra, those who participated in it have to quarantines themselves for 14 days.
The bench also stated that the State Government can stop the festival if any emergency occurs during the rituals.
At last, due to this pandemic, people are worried about how they will celebrate future festivals like Ganesh Chaturthi, Eid, Navaratri, and so on. Article 25 & 26 of the Constitution of India states that India is a secular country where every religion is treated equally and every festival is celebrated with faith and love.
Due to this pandemic, if are not able to visit the temple or any religious place it doesn’t mean that our faith with our almighty will disappear or he will be upset. The faith lies inside us, we can celebrate the festivals in our home rather than not going out to any religious place and stop the spread of corona-virus.
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