In a significant move, the Uttarakhand High Court in a learned, laudable, landmark and latest judgment titled Writ Petition (PIL) No. 58 of 2020 Writ Petition (PIL) No. 97 of 2019 Writ Petition (PIL) No. 50 of 2020 Writ Petition (PIL) No. 51 of 2020 Writ Petition (PIL) No. 67 of 2020 Writ Petition (PIL) No. 70 of 2020 Writ Petition (PIL) No. 61 of 2021 Writ Petition (PIL) No. 71 of 2021 Writ Petition (PIL) No. 72 of 2021 Writ Petition (PIL) No. 77 of 2021 Writ Petition (PIL) No. 90 of 2021 delivered as recently as on 16 September 2021 has while vacating its order staying the State Cabinet’s decision to allow Char Dham Yatra has given its green signal to the Yatra while simultaneously directing the State Government to ensure that COVID protocols are adhered to during the Yatra. It must be mentioned here that the Bench comprising of Chief Justice Raghvendra Singh Chauhan and Justice Alok Kumar Verma of Uttarakhand High Court was hearing an application moved by the State Government and directed the State to ensure that testing facilities are available for those who may reveal any symptoms of COVID-19. All those pilgrims who desired to go for Char Dham Yatra will definitely be upbeat on learning about this commendable, cogent, composed and convincing judgment as they are the ones who stand to primarily gain most from it!
To start with, the Bench first and foremost puts forth in para 1 that, “In pursuance of the order dated 28.07.2021, Mr. H.C. Semwal, the learned Secretary, Department of Culture & Religious Affairs, and Mr. S.A. Murugesan, the learned Secretary, Disaster Management are present before this Court through video-conferencing.”
Simply put, the Bench then states in para 2 that, “Stay Vacation Application (IA No.3035 of 2021) has been filed by the State for vacating the interim order dated 28.06.2021.”
As we see, the Bench then reveals in para 3 that, “By the said order, this Court had stayed the Cabinet decision dated 25.06.2021, whereby the Hon’ble Cabinet had decided to open the Char Dham Yatra, initially only for the residents of Districts Uttarkashi, Rudraprayag, and Chamoli for a period of four weeks, and thereafter, open up the Char Dham Yatra for the rest of the people of the State, and finally, for the people of the country.”
Needless to say, the Bench then after hearing the learned counsel for the parties as mentioned in para 10 then concedes in para 11 that, “Undoubtedly, there has been a constant decline in the COVID-19 cases, both within the State, and in the nation. Although, COVID-19 continues to play havoc in the Southern parts of the country, such as Kerala, but overall, throughout the country, it has been declining. Despite the fact that some Scientists do claim that India may face the third wave of COVID-19, but luckily, so far, there is no indication that the third wave is about to spread right through the country. But for Kerala, certain districts of Maharashtra, and certain districts of Andhra Pradesh, COVID-19 overall seems to be under control. Moreover, each State is ensuring that the vaccination programme increases as much as possible. Even the State of Uttarakhand is dedicated to vaccinating its people. As the data, mentioned hereinabove, clearly indicates that 114.6% of the population of age group of 45 years and above of District Chamoli 113.8% population in District Rudraprayag, and 101.3% population in District Uttarkashi have already been inoculated with the first doze. Similarly, in the age group of 18-44 years, in District Chamoli 84.9% of the population, in District Rudraprayag 89.2% of the population, and in District Uttarkashi 87.6% of the population has been inoculated with the first doze. Therefore, the majority of population from 18 years onwards has been given the first doze. As far as the second doze is concerned, in the age group of 45 years and above, in District Chamoli 81.0%, in District Rudraprayag 59.09%, and in District Uttarkashi 74.9% population has been inoculated.”
On a candid note, the Bench then observes in para 12 that, “It is, indeed, disconcerting that the people in the age group of 18-44 years, the majority of them have yet to be inoculated with the second doze. For, according to the data available, in District Chamoli the percentage of population is as low as 16.9%, in District Rudraprayag it is 22.6%, and in District Uttarkashi it is 19.3%. Therefore, the second dozes have to be increased in these three districts in order to ensure that the local population is completely fortified against the Corona virus. Considering the fact that if pilgrims from outside the State are permitted to mingle with the local population, obviously, it is the local population that would have to face the danger of contracting the disease. Thus, it is imperative that the vaccination for the second doze be increased phenomenally in these three districts by the State.”
Truth be told, the Bench then concedes in para 13 that, “Although, the State Government has claimed that it has enhanced its medical facilities to a great extent, the data clearly indicates that there are hardly any beds available with ventilators. Therefore, this Court directs the State Government to enhance the medical facilities, if necessary, and to ensure that at least, beds with ventilators are available.”
Furthermore, the Bench then very clearly states in para 14 that, “According to the “COVID-19 Mitigation measures for Char Dham Yatra”, issued by the Government of Uttarakhand, the Government has already committed itself to the availability of helicopters. However, this Court leaves it to the discretion of the District Magistrate to ensure that the helicopter is available at the Char Dham. But it is imperative that a system should be placed where the pilgrim would know there is, indeed, availability of helicopter, if the necessity so arises. Therefore, this Court directs the State to ensure that in the registration online portal, the helpline number for availability of such helicopter is indicated, the person who needs to be contacted for availing such facilities is readily available. Moreover, at the Char Dham locations, sufficient information should be given to the pilgrims coming in about the availability of the medical facilities, the numbers of beds available, and the fact that the helicopter would be available if the urgency so arises. The essential information should be displayed publicly, and should be conveyed to the pilgrims through electronic and print media. This information should also be available at the control room(s) established by the State at each of the Char Dham locations.”
Most significantly, the Bench then clearly, categorically and convincingly states in para 15 that, “Although, the State claims that it has created 106 toilets at the Char Dham, but the fact remains that public facilities need to be enhanced not only at Char Dhams, but even on route to Char Dham. Admittedly, the route of Char Dham begins from Haridwar, and the route continues till Badrinath, Kedarnath, Gangotri, and Yamnotri. Therefore, it is essential that public facilities be provided, on route, to the pilgrims who may travel from Haridwar to any of these four destinations. Therefore, this Court directs the concerned District Magistrates of the concerned Districts to ensure that essential and necessary public facilities are, indeed, provided to the pilgrims, both on route and at Badrinath, Kedarnath, Gangotri, and Yamnotri.”
No less significant is what is then stipulated in para 16 wherein it is enjoined that, “Likewise, this Court directs the State to ensure that testing facilities are available for testing those who may reveal any symptom of COVID-19. Such testing facilities should not only be created at the Char Dham locations, but also should be provided on route.”
Equally significant is what is then elaborated upon in para 17 stating that, “This Court directs the District Magistrates to consider those Local Self-Help Groups and the NGOs with whom they would like to work. It shall be the discretion of the concerned District Magistrate to decide as to which group or NGO, the Civil Administration would like to work with. For this purpose, the District Magistrate should consider the years of experience that Local Self-Help Group/NGO has, the type of work they had carried out during their existence, the number of people working with them, and the area of specific work, or any other relevant fact for taking the substantive decision. It is only after looking at these essential factors that the District Magistrate should take a decision on whether he would like to work with the Group/NGO, or not.”
Be it noted, the Bench then also specifies in para 18 that, “According to the State Government, it will permit 1,200 pilgrims to visit the Badrinath temple, 800 pilgrim to visit the Kedarnath temple, 600 pilgrims to visit the Gangotri temple, and 400 pilgrims to visit the Yamnotri temple on a daily basis. Although, the Government does give the assurance before this Court that three pilgrims would be permitted to enter inside the temples at one time, but it is essential to reduce the number of pilgrims visiting the Badrinath temple from 1,200 to 1,000 per day. The other numbers given for the other temples shall continue.”
Without mincing any words, the Bench then on a serious note holds in para 19 that, “The police department is directed to ensure that strict penal action is taken against those persons who violate either the SOP, or the provisions of the Disaster Management Act, or the provisions of the Uttarakhand Anti-Littering and Anti-Spitting Act, 2016.”
Adding more to it, the Bench then also holds in para 20 that, “The Secretary, District Legal Services Authority of these three districts Chamoli, Rudraprayag, and Uttarkashi are directed to monitor the facilities available to the pilgrims, and the supervision being carried out by the Civil Administration of the districts, and to submit their reports on weekly basis before this Court.”
Going ahead, the Bench then also holds in para 21 that, “The State is directed to keep-in-mind, and if possible, to incorporate the directions which have been issued by this Court by its numerous orders, in numerous occasions, and also keep-in-mind the directions issued on 28.07.2021.”
As a corollary, the Bench then specifies in para 22 that, “With these directions, the stay order dated 28.06.2021, passed by this Court, is vacated.”
For the sake of clarity, the Bench then remarks in para 23 that, “The presence of Dr. S.S. Sandhu, the learned Chief Secretary, Mr. Amit Negi, the learned Secretary, Medical Health and Family Welfare, Mr. H.C. Semwal, the learned Secretary, Department of Culture & Religious Affairs, and Mr. S.A. Murugesan, the learned Secretary, Disaster Management, is dispensed with till further orders.”
Finally, the Bench then holds in para 24 that, “The Stay Vacation Application (IA No.3035 of 2021) is disposed of.”
All said and done, the Bench comprising of Chief Justice Raghvendra Singh Chauhan and Justice Alok Kumar Verma of Uttarakhand High Court have thus very explicitly made it clear that why they consider that time is now ripe for lifting the stay on the Char Dham Yatra. We also see in the fitness of things that several directions are commendably issued to the concerned authorities to ensure that all safety measures are taken at all levels and Covid protocols are strictly adhered to in order to ensure rightly that it does not spread rapidly among the pilgrims. This was the crying need of the hour also as carelessness is the worst recipe of disaster as we saw recently how it spread so rapidly in Kerala as the religious processions of Muslims were given a free hand and all precautions were thrown to the wind and so all precautions must be taken always in such a precarious situations so that the disease is not able to multiply rapidly among the pilgrims!
Sanjeev Sirohi