Composed by Omkar Gokhale|Mumbai |
Updated: August 14, 2020 8: 38: 32 pm
On Thursday, Government Pleader Purnima H Kantharia informed the court that the state government has declined to allow the petitioner’s demand in view of existing Covid-19 guidelines.
The Maharashtra government Thursday told the Bombay High Court that it can not enable Jain temples in Mumbai Metropolitan Area (MMR) and Pune to open for Paryushan from August 15 to23 “If temples are permitted to open, there is an impending danger of coronavirus that may result in death,” the state government stated.
The state’s action followed the high court Tuesday directed it to consider representations from the Jain community looking for approval to go to Jain temples during the eight-day Paryushan festival and send its decision to the court by August 13.
On Thursday, a Department Bench of Justices S J Kathawalla and Madhav Jamdar was hearing two petitions submitted by Ankit Vora and Shree Trustee Atma Kamal Labdhisurishwarji Jain Gyanmandir Trust. The petitioners looked for a direction to the state federal government to enable the members of the community to go to Jain temples to carry out prayers, more especially during Paryushan.
The petitioners stated that if shopping centers and markets, barber shops, medspas, saloons, appeal parlours and liquor shops might be run with constraints, then why couldn’t the neighborhood deal prayers at its temples while observing social distancing norms. The petitioners, through their supporters Prakash Shah, Jas Sanghvi and Prafulla Shah, declared that not permitting the opening of religious locations is “approximate, illegal and unreasonable”.
Additional Lawyer General Anil Singh had Tuesday said the Centre has allowed the opening of locations of praise outside Covid-19 containment zones and provided different standards for such places.
On Thursday, Federal Government Pleader Purnima H Kantharia informed the court that the state government has refused to allow the petitioner’s need in view of existing Covid-19 guidelines.
Kantharia sent the August-12 order by the Secretary of State Disaster Management, Relief and Rehab department, which stated, “If temples are permitted to be opened for carrying out religious activities, there is an imminent danger of spreading the virus, which may be dangerous and may even result into death of the whole household. Allowing the claim of candidates by imposing conditions is not an useful feasible alternative.”
The August-12 choice further mentioned, “At this juncture, it further should be valued that the state government has in the insight taking place religious festivals such as Anant Chaturdashi, Navratri etc. In case, if the prayer made in representation is granted, definitely there will be similar demands coming for enabling to celebrate these festivals and such other various religious festivals of different religions, castes and communities, which will eventually lead to dispersing of the infection rapidly and will open floodgates of coronavirus patients.”
The state government said that its equipment is overloaded and it can get out of the accountable citizens not to make such demands and, therefore, it can not enable the circumstance to end up being “so critical that it goes out of hand”.
In view of this, the state said, “In view of Covid-19 circumstance, more especially in Mumbai Metropolitan Region (MMR) and Pune, it is simply not possible to accede to requests made in representation to permit opening of Jain temples in between August 15 and 23 and the exact same is declined.
After hearing submissions and perusing the state’s order, the court unwillingly refused to give urgent relief to petitioners and said it will keep the matter pending and pass order next month when the state federal government would develop brand-new Covid- 19 standards. The court noted,” It is the duty of every right-thinking individual at this stage to balance their religious responsibilities with public responsibility, and their obligation towards the rest of humanity.”
The bench led by Justice Kathawalla stated, “Let us wait for a few days. God is within us and God is all over. This is a delicate issue. We have actually ensured that you get a hearing and get a say from the government. We have the highest relates to for each community in the nation.”
The court declined to pass any opinion on the benefits of the case and published even more hearing on September 7 for passing more orders.
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