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Madras high court rejects plea seeking lifting of curbs on Ganesh Chaturthi
The first bench comprising Chief Justice Sanjib Banerjee and Justice P D Audikesavalau passed the orders on a public interest litigation filed by Ela Ganapathi praying that the state government permit installation and procession by prescribing social distancing norms for the public gathering without a complete ban.
The Madras high court on Wednesday reiterated that the right to life supersedes the right to practice religion while disposing of a petition that challenged Tamil Nadu’s order to ban public celebrations of Vinayagar Chaturthi and refused to interfere in the same.
“It has been repeated by constitutional courts over the last year or so that the right to life is paramount and it is only if the person survives that his right to practice his religion is effective,” the court said in its orders on Wednesday. “Since the restrictions have been imposed in public interest and there is no certainty that the pandemic has altogether abated, the impugned notification cannot be interfered with.”
The first bench comprising Chief Justice Sanjib Banerjee and Justice P D Audikesavalau passed the orders on a public interest litigation filed by Ela Ganapathi praying that the state government permit installation and procession by prescribing social distancing norms for the public gathering without a complete ban.
On August 30, the DMK-led state government banned public installation of large idols, procession and immersion. This is the second consecutive year that Tamil Nadu has banned celebrations of Ganesh Chaturthi in public due to the Covid-19 pandemic. Previously the AIADMK regime had banned it last year which its ally the BJP had disapproved of.
The row over cancellation of public installation of idols and procession for Ganesh Chaturthi spilled over to the assembly on Tuesday with chief minister MK Stalin not entertaining BJP’s demand to reverse the decision but he announced a cash aid to idol makers of Ganesha. Acknowledging that potters who make Ganesha idols would lose their business this year too, Stalin announced ₹5,000 as a relief to 3,000 potters who specialise in making the idols during the festival season.
On Tuesday BJP’s floor leader Nainar Nagendran insisted that celebrations be allowed like it has been in Maharashtra and Puducherry but Stalin cited the pandemic for restricting it. “The Union Government sent a circular asking all state governments to take steps to ensure that people don’t crowd at public places till September 30, 2021,” Stalin said. “The courts have also stressed the same point. Kerala relaxed rules for Onam and Bakrid and that led to a spike in fresh cases. Cases are being reported at isolated places every day. Considering the public safety and welfare in mind, a ban on all religious festivals was imposed till September 15. It will also apply to Vinayaka Chathurthi.”
Stalin added that people can continue to celebrate it at home. On Monday, BJP state president K Annamalai criticised the DMK government as interfering in an individual’s rights and announced that BJP cadres will keep one-lakh Ganesha idols in front of their homes and urged the public to do that too. Reacting to this, minister for Hindu Religious and Charitable Endowments Sekar Babu told Annamalai not to play politics in the name of God.
The bench on Wednesday also pointed out from a previous matter it dealt with on September 6, the union government in view of the pandemic and the emergency provisions invoked, instructed state governments and union territories to ensure that appropriate measures are in place. Several states have banned public celebrations of the festival due to the pandemic.
