HC turns down request’tazia’ processions in opinion of pandemic | Allahabad News

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Prayagraj: Expressing grave concern over the spread of corona pandemic, the Allahabad high court on Saturday dismissed a PIL seeking consent to extract’tazia‘ processions through Muharram.
From the PILs, the petitioners Roshan Khan and many others had challenged two state authorities requests (GOs) dated August 10 and August 23, 2020, insofar as they prohibit members of the community from carrying out Muharram processions.
They’d sought to issue a direction to the country government to execute spiritual mourning rituals/practice linked with Muharram, throughout the span of 10 times, i.e.up to August 30, 2020, amid the pandemic limitations in Uttar Pradesh.
Dismissing the PILs filed by Khan and lots of more, a division bench comprising Justice Shashi Kant Gupta and Justice Shamim Ahmed discovered,”The pandemic is spreading like wild fire, even though harsh lockdowns. We’re standing nude at the beach and do not understand when the massive tide of corona could sweep us to the sea. We really do not know what tomorrow holds. Adoption of safe procedures is required to acquire over the health catastrophe. We will need to comprehend the craft of living together with all the coronavirus.”
Elaborating the inherent component, the court observed,”Though the whole prohibition of practices that are crucial to our own religions is an extraordinary step, it’s extremely much in percentage to this unprecedented situation we’re confronted with, due to the pandemic. The best way to practise and propagate religion was made subject to public order, morality and health, even under the Constitution of India.”
Rejecting the plea of the petitioners that the constraints imposed by the UP government are discriminatory in character and just 1 community was targeted at the aforesaid GOs, the court observed,”A bare perusal of those notifications dated August 10, 2020, and August 23, 2020, issued from the state authorities, clearly indicates the exact same yardstick was embraced for many religious communities and they’ve been restricted from taking on any processions or jhankis or actions which have a threat of high congregations that could result in a spread of this pandemic- Covid-19.”
Further,”It signifies no processions or jhankis are allowed during the Janmastami festival. Likewise it further suggests that throughout the festival for Ganesh Chaturthi also, the Hindu community was banned from erecting any pooja pandals and out of installing any statues/idols. Similarly the Muslim community was banned from carrying out processions/tazias through Muharram.”
The petitioners also took the plea which the apex court had permitted the devotees entry to the areas of worship and allowed the yearly chariot procession in the Jagannath Temple, Puri besides, lately allowing the deal of Paryushan Truth in three Jain temples in Mumbai, thus the prohibition is random especially when the planned rituals could be controlled by prescribing reasonable restrictions, such as restricting the amount of individuals to perform the tazias until Karbala for burial.
Rejecting their own pleas, the court observed,”In this respect it could be noticed that the apex court hadn’t passed any general instructions, but the consent to execute the yearly chariot procession (Rath Yatra), pertained to a particular location, Puri, and just from 1 stage to another. On the other hand, the current case is clearly distinguishable in the aforesaid instances because it pertains to this total Uttar Pradesh country and isn’t restricted to a single or a couple of districts.”
Finally, the court observed,”Thus it is with a heavy heart we hold that in such testing times, it’s not feasible to raise the prohibition by supplying any recommendations for regulating the grieving rituals/practice linked with the 10th day of Muharram. We have to expect and hope that God would comprehend our restraint in our habitual practices, much less a little, but as an act of compassion for our sisters and brothers and give us the chance to celebrate all festivals having increased faith and fervour in future. It’s only with collaboration, knowledge and understanding, we as’One Country’, can emerge stronger from those treacherous times and conquer this period of darkness”

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