The hearings in Supreme Court over the conduct of the Puri Jagannath temple rath yatra underscore why matters in administrative domain are best left to governments. Last week, SC had directed that there will be no rath yatra this year in a PIL filed by a little-known NGO with some top billed lawyers appearing for it. The court had noted that Constitution’s Article 25 conferred the right to freely profess and propagate religion subject to public order, morality and health. But the order incensed many sections of devotees and various groups, including BJP, cottoned on to this sentiment.
Odisha government too went from expressing apprehensions of huge crowds at the rath yatra to offering to conduct it in a “limited way without public attendance”. Subsequently, SC clarified its order and allowed the event to proceed with riders attached. The rath yatra was a non-justiciable issue in which the local administration was required to apply its mind and eke out socio-political consensus. Judiciary needs to be wary of governments shifting the burden of executive decisions, especially unpopular and complicated ones, to it. In this case, Odisha government quickly sized up the public mood and returned to court with a new proposal.
Even without the PIL, Odisha government could have converged on the restrictions finally undertaken. Union home and health ministry guidelines for unlocking had allowed religious activities outside containment zones with social distancing norms. The onus is on state governments to proceed appropriately in each circumstance. The concession made for Puri will pave the way for a slew of similar demands by religious denominations that don’t get their way or from governments looking for escape routes from hard decisions. The pandemic needs assured decision making by governments. Outsourcing executive responsibility to courts helps no one’s cause.
Courtesy - The Times of India.
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