This Blog is written By Miss Tanuja Kapri Student of The ICFAI University, Dehradun.
Amidst
the serious global pandemic situation the country is facing right now,
despite knowing all the odds, the
Supreme Court gave its nod for the conduct of the really auspicious Jagannath
Rath Yatra also is known as Car Festival in the country. Being aware of the fact
that it can lead to a huge mass congregation in the country for around 10-12
days, specifically in the state of Odisha. However, earlier on June 18th, the
apex court imposed an injunction and claimed that the decision is justified in
terms of Article 25 of the Constitution of India which voice about the freedom
of conscience and free profession, practice, and propagation of religion subject
to health apart from public order and morality as well as to the other
provisions of Part III (which exclusively deals with the Fundamental Rights) of
the Constitution of India. Isn’t it impermissible for one religion to indulge
in mass gatherings which could lead to an increase in the spread of a very dangerous virus which can consequently endanger the life of the citizens of the country?
Let’s first know what Jagannath
Yatra actually is!
The word Jagganath is derived from Sanskrit words, in which Jagat means
the Universe and Nath means the Lord which cogent the “Lord of the
Universe”. As per the credence, he leaves his abode along with his
siblings, Balbhadra and Subhadra for the Gundicha Mata’s Temple, a monument
built-in the memory of Queen Gundicha who was the wife of King Indradyumna who
built the renowned Puri Temple in Odisha.
This Yatra is also known as Gundicha Jatra, Navadina Jatra, Ghosa Jatra,
Dasavatara Jatra, and various other names.
As per belief, the Goddess Lakshmi visits her consort, Lord Jagganath on
the fourth day of the festival and that day is referred to as Hera Panchami,
as it falls on the sixth day or Shasti.
And after spending a week at the Gundicha Temple, the trio i.e. Lord
Jagganath, Balbhadra, and Subhadra return to the Jagganath Temple. This ceremony
is known as the Bhadu Yatra. The aficionados pull the three prepossessing
beautifully decorated giant chariots which carry the idols of the three main
deities. All the three chariots are embellished and each chariot has a distinct
name. This is how the whole event takes place.
After jotting down all the points that actually the yatra is let’s now talk
about the implications of the Yatra. It can be clearly seen as a case of
politics over being the judiciary of the nation. It can be clearly seen along
with Prime Minister Narendra Modi, other top Bhartiya Janta Party leaders,
touted it as a victory for the people of Odisha in such a state where we are
having such an impending disaster in the country.
Before the Yatra
Earlier on 18th of June 2018, the Supreme Court bench headed by Chief
Justice of India S.A. Bobde was left with no other option other than an injunction
restraining the Rath Yatra as even the parties agreed that it is impossible to
ensure that there is no congregation. However, on 25th June a fresh affidavit
was presented that voiced about the conduction of Yatra “in a limited way
without public attendance” which totally seems to be an impossible task. The
Supreme Court bench headed by Chief Justice of India, S.A Bobde, Justice AS
Bopanna and Justice Dinesh Maheshwari clearly stated “The annual Rath Yatra
this year is scheduled for June 23. The festivities usually go on for 20 days.
Having regard to the danger and public safety of citizens, we direct the State
of Odisha to not conduct any Rath Yatra this year. There shall be no activity associated with
the Rath yatra during this period. Lord Jagannath will not forgive us if we
allow it." Furthermore, the court also stated in his order that Article 25
of the Constitution of India confers the right to freely profess and propagate
religion subject to the health.
Further in seeking to manage this ostensibly micromanage the Rath Yatra,
by imposing multiple-day curfew in Puri and curtailing transport the court has
transferred the burden on the people. Notwithstanding, the impact of the order,
the apex court has imperiously apportioned the guilt of any possible outbreak
by stating that the Committee of the Lord Jagannath Temple will be responsible
for adhering to the Court’s guideline.
The order that the Supreme Court bench gave on 25th June 2020, Monday
cited several instructions and guidelines to be followed despite knowing the
fact that ignorance of such guidelines can lead to serious social havocs. The
apex court of the country although has laid the guidelines but it’s too substantial
to be implemented. Giving permission only to around 500 people to push the
chariots in an event that generally includes 10-12 lakhs people is just like a
mere dream. Along with that in case, there is leniency it can turn “like
wildfire” and uncontrollable situations. Furthermore, the number 500 shall
include officials and police personnel, and the chances of native Indians to
attend it are non-optimal. The court has impermissibly distributed the burden
of religious activities indiscriminately amongst both disciples of Lord
Jagganath and the non- adherent as well.
It’s very tough for the state to “work in tandem” when you are
having a population of around 4.7 crores in the state. In the time of such a
serious pandemic, no risks should be taken. Even the slightest disparity can
lead to the most disastrous consequences in the country. There should not be
any compromise with the health and the safety of the masses. Furthermore, there
will be also the impossibility in tracking all the infected persons. Needless
to say, it is also impossible to screen the medical conditions of each and
every person attending the event. The petitioners have claimed to conduct the
Rath Yatra “in a limited way without public attendance”, and implementation of
it seems to be a very difficult task. Maintaining social distancing before and
after Rath yatra, imposing of social curfews in the city of Puri on all days
and during the time when Rath Yatra chariots are taken into possession and furthermore giving all the
responsibilities to the Committee and the officers designated by the state
clearly shows the loopholes in the decision adhering to the Court’s guidelines.
After the Yatra
When we talk about the implications of the Rath Yatra, it can be clearly
seen that the insouciant attitude of the authorities. As seen in the footage of
yatra that none of the people out in the streets were wearing masks and such an
event has led to the sudden rise in the case of Corona in the state.
Furthermore, around 1,143 functionaries attended the yatra and among them, one
servitor was tested positive, which is a matter of great concern. The physical
distancing was not followed. However, the CJI Bobde said in an interview that
the executive with its “three Ms” i.e. money, men, and the material was better
suited to handling Covid-19 issues. This clearly shows how politics dominate
the judiciary in our country. However, earlier CJI claimed that the Lord
Jagganath would not forgive him and his fellow judges if the Rath Yatra was
allowed to take place. The Rath Yatra of this year has been a political
football that regional and national parties have abused to score their brownie points.
However, the significance of yatra is immense for
a person of spiritual merit and final liberation and also believed that the
devotee who pulls the rope linked to the chariots of the deities and helps the
others in doing the same or merely touches the rope or chariots, gets the merit
of several penances. But the contention that arises here is that when an outrage
of Tablighi Jamaat, an event that became the eclipse in the country
and faced the criticism by the society, keeping that in mind, why the stay was
not granted in the Yatra. The Indians who made the COVID a “Muslim Virus” are
cheering for the Rath Yatra. Notwithstanding, it was also clearly seen through
the clips that no such guidelines were followed and no social distancing norms
were followed.
I firmly believe that religious feelings and
morality are equally important and our constitution also gives the fundamental
right to profess and propagate any religion. But at the time of such a
pandemic, an injunction would have been a better option for the betterment of
the masses. Not in every case “IGNORANCE IS BLISS” and the same goes for
this situation as well.
·
SOURCES:
1. Bar and Bench
2. Livelaw.in
3. Indian Kanoon
4. The Jagganath Mandir website
5. Odisha Vikas Parishad v. Union of India and Ors. , AIR
2020, SC 571
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