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Supreme Court Revokes Stay on Rath Yatra

INTRODUCTION

Amidst the COVID-19 pandemic where the life of people is in danger due to the spread of the
virus by coming in close contact of an active virus carrier, the Supreme Court on Thursday
rejected the idea of conducting the annual Rath yatra scheduled on 23rd June 2020 citing the mass
gathering that is expected to appear in the festival. The Rath Yatra has been a tradition with a
great history from centuries and therefore the decision has been taken in both ways by different
sections of the society. However, the court has lifted the stay just a day before the scheduled
chariot festivity.

BACKGROUND

The word ‘Jagannath’ has been derived from two words ‘Jaga’ meaning ‘the universe’ and
‘Nath’ which means ‘lord’, so the word means the “lord of Universe”. It is also believed that
Lord Jagannath is one of the reincarnations of the avatars of Lord Vishnu. The Jagannath Rath
Yatra held in Odisha has many stories attached to it. The chariot festival sees Lord Krishna, his
brother Balaram and their sister Subhadra taken from Jagannath Temple to the Gundicha
Temple. The idols are placed in very decorative chariots and taken amidst the chants and
conches. The devotees pull the chariot of their god with the thought of engaging themselves in
the pure devotion of the god and destroying their sins. Before putting these idols in the chariot
they are bathed with 109 buckets of water which is known as Snana Purnima.1

THE STAY

1 Shikha Goel, Jagannath Puri Rath Yatra 2020: Chariot festival, History, and Significance, Jagran Josh, (18 Jun 2020)
The Apex Court on 18 June 2020 in the case of Odisha Vikas Parishad v. Union of India and
others2 after hearing the arguments of a long list of renowned lawyers decided that public health
and safety is a bigger concern than the Rath yatra and therefore halted the event scheduled on
23rd June, 2020. The bench of Chief Justice SA Bobde, Justices AS Boppana and Dinesh
Maheshwari was of the opinion that “a procession of this magnitude cannot be permitted at the
time of pandemic”. The court in its order said that the event attracts many devotes to Odisha and
this can disturb the social distancing norms and the Standard Operating Procedure set out to
avoid COVID-19 spread. The court said that Article 25 though permits for professing religious
activities but only when the environment is conducive to health care. The court also said “Lord
Jaganath won’t forgive us if we allow it”. Rejecting the contention of Solicitor General Tushar
Mehta, who said that some rituals should be allowed, may be without any gathering, the court
said that the moment any kind of festivity is allowed people will gather.

AFTERMATH

The Gujarat High court took a toll at the State authorities for their inaction in deciding the fate of
Rath Yatra’s in Gujurat even after the direction by the Supreme Court. The court clarified its
stand in the case of Hiteskumar Vittalbhai Chavda v. Jagannathji Mandir Trust speaking
through the bench of Chief Justice Vikram Nath and Justice JB Pardiwala. The court sought an
explanation from the authorities why they have not made a decision yet despite the application
being served to the trust way earlier. The court also said that no Yatra will take place in
Ahmadabad in the light of the directives of the Hon’ble Apex Court.

CENTRE’S PLEA FOR MODIFICATION

The Central Government on Monday moved on the Supreme Court seeking modification of its
earlier stay order, praying for allowing the event without public participation. Representing the
Central government, Solicitor general Tushar Mehta said that the ritual is going on for centuries
and therefore it should not be interfered with while laying out before the court several
suggestions for the conduct of festival. He also said that as per traditions if Lord Jagannath does
not come out on Tuesday, he cannot come out for the next twelve years. The matter was brought

2 Writ Petition(s)(Civil) no. 571/2020.

before the bench headed by Justice Arun Mishra due to the vacation of court who refereed it to
a constitution bench of three judges saying he cannot overrule a order of bigger bench.

REVOCATION OF STAY

The Supreme Court has overruled its stay order of 18 June on the conduct of Rath Yatra and
though have not allowed it, had left it on the State Government and the temple committee to
decide on the event. The bench of Chief Justice SA Bobde, Justices AS Boppana and Dinesh
Maheshwari held after the hearing about the co-ordination between Union government and the
State Government with the temple administration that the court will not micro manage the event
and leaves it to the best wisdom of the state. Earlier, the Odisha Government said that they will
impose curfew in the nearby areas and will allow only servitors to take part in procession and
then too only after they test negative for COVID-19.

CONCLUSION

The decision of the Hon’ble Apex Court has pretty much given a green signal to the event.
However, keeping in mind the health care issues they have directed the state government to
ensure that necessary steps are taken in this matter. This decision has led to the demand of an
instant revision of the decision of the Gujarat high Court which prohibited any religious activity
in Ahmadabad.