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IN THE SUPREME COURT OF (ORIGINAL JURISDICTION)

SMW (C) NO.5 OF 2021

IN THE MATTER OF: - IN RE: ALARMING NEWSPAPER REPORT REGARDING KANWAR IN STATE OF U.P.

AFFIDAVIT ON BEHALF OF STATE OF U.P. IN COMPLIANCE OF ORDER DATED 14.07.2021 PASSED BY THIS HON’BLE COURT.

I, Awanish Kumar Awasthi son of Late Aditya Kumar Awasthi, Additional Chief Secretary / Principal Secretary, Home Department, Government of U.P., Lucknow do hereby solemnly affirm and declare as under:-

1. That the present affidavit is being filed on behalf of the State of in compliance of the order dated 14.07.2021 passed by this Hon’ble Court in the above matter.

2. That the well known “Kanwar Yatra” is held in U.P. Kanwariyas must perform the Yatra in the Hindu month of Shravan (Saavan) to pay homage to Lord within a pledged period of completion of their “mannat” (a wish) that they had asked for from Lord Shiva and 2

which has been granted to them for example- birth of a child, success in exams, etc. To a Shaivite in northern India, Kanwar Yatra is a basic and fundamental ritual with uncompromising rules that he/she must perform. The devotees bring the Holy water from or other rivers / water bodies for Abhishek of Lord Shiva in the temple where they have taken a holy pledge. The four mondays falling in the month of July - August “saavan” are considered pious. The relevant dates for this year are 26.07.2021, 02.08.2021, 09.08.2021 and last monday i.e. 16.08.2021. It is relevant to mention that the Kanwar yatra in UP is not only restricted to Western UP i.e Ghaziabad to . It is organised all over the state where kanwarias go to the nearest rivers/ water bodies to fetch water for their Shivalayas. For eg. it is held around Bareilly, Agra, Aligarh, lucknow, Prayagraj, Ayodhya, , Basti and other major cities.

3. Present Covid status in the State:

The Covid active caseload in the State has gone below the 500-mark in all the districts with only 77 Covid-19 positive cases registered in 75 districts in the state in a day. Further, till date the Test Positivity Rate has fallen to 0.042 % and Recovery Rate has increased up to 98.6%. As on date, 3,31,86,136 people have been 3

vaccinated in Uttar Pradesh with at least one dose, and 63,05,088 people amongst them being fully vaccinated with two doses. In fact, the National portal of India suggests that Uttar Pradesh stands first in administration of overall vaccine doses among all the states of India. Thereby, all the commercial and social activities in the state are running smoothly under the Covid guidelines.

4. That the State Government neither grants permission nor rejects permission for ‘Kanwar Yatra’ as nobody seeks permission. In the year 2020, the State Government directed its field officials to build a dialogue with all the “Kanwar Sanghs” and based on Covid, all ‘Kawar Sanghs’ voluntarily decided not to undertake the yatra. In view of the fact that the sacred “Kanwar Yatra” could not be held in the year 2020 due to lockdown, there has been a request of large number of devotees of the State who want to fulfill their religious pledge of undertaking the sacred Yatra which they have to undertake once their wishes are fulfilled.

5. That considering the faith and religious sentiments of the devotees, the issue was duly considered by the State Disaster Management Authority constituted 4

under Section 14 of Disaster Management Act, 2005 which held a meeting on 09.07.2021 under the Chairmanship of the Hon’ble Chief Minister. The said meeting was duly attended by the members of SDMA, all Divisional Commissioners of the State, all Zonal Heads of Police / ADGs, Range IGs and DIGs, wherein detailed discussions were held. The following was duly considered:- (i) Present Covid situation of the State (ii) NDMA guidelines (iii) Vaccination coverage & Testing facilities (iv) Representations of the devotees, their faith and sentiments (v) Devotees from other neighbouring states

6. That after detailed discussions, the SDMA decided that the officers shall hold consultation and dialogue with the various “Kanwar sanghs” of their respective areas and direct them not to move for religious reasons / in the light of Covid pandemic. However, it was decided in case due to compelling religious reasons, if any person still wishes to undertake the yatra, then the person should apply for permission with the authorities through the relevant registered ‘Kanwar Sangh’ of the area. Such persons should have been fully vaccinated as well as should have a negative RTPCR test in the 5

last three days. Further, stringent guidelines / SOPs should be laid down after consultation with the Health department. The district administration will ensure that the number of permissions thus granted will be kept to a minimum. The ACS Home and the DGP have been directed to interact with the neighbouring states to ensure Covid protocol is followed in respect of the devotees visiting from such States. The SDMA further advised that the State Government can explore other options of conducting the ‘Kanwar yatra’ using other indegenous means and methods in consultation with the stakeholders in terms of the NDMA guidelines in the larger public interest.

7. That thus, the State Disaster Management Authority, keeping in mind the object of minimizing the impact of the Yatra on the health of the people including spread of covid infection in view of the NDMA guidelines, had to weigh the considerations of public order, health and the right to religion. It was of the considered view that in the light of past experience, a total ban will be inappropriate and will have serious practical difficulties of enforcement. Accordingly, the SDMA laid down the policies and plans for the conduct of the sacred “Kanwar Yatra” under section 18 of the Act in a symbolic manner with a limited number of devotees 6

subject to compliance of stringent restrictions ensuring proper social distancing norms and Covid protocol.

8. Thus the State was obligated to take an informed and balanced decision keeping in mind the Constitutional Right of the people to practice their faith as well as maintaining the necessary precautions that the COVID situation demands in terms of the NDMA guidelines. The recommendations of the Health Department was duly incorporated in the guidelines / SOPs for holding Kanwar Yatra. The State Government proposes to provide an option to the Kanwar Sanghs to make the holy “Gangajal'' available through Tankers at identified/ designated locations so that nearby devotees can collect such ‘Gangajal’ and do the “Abhishek” upon their nearest Shiv temples. This arrangement can be made at limited places where it is possible to provide the tankers.

9. Designated Route for conducting the Kanwar Yatra

The State government has prepared detailed plans for conducting the Yatra in a seamless manner to prevent spread of Covid while allowing the sacred Yatra. Several specific routes have been designated so as to ensure that the devotees and their Kanwar Sanghs are moving in separate areas and there is no crowding. 7

10. Guidelines / SOPs for holding Kanwar Yatra:

A. Registration with the District administration:- The permission of the district administration will be necessary for participation in the Yatra. The devotees will have to apply for the same through a registered “Kanwar Sangh” of their respective area disclosing their complete details.

B. Restriction on Participation: (a)Only those devotees will be permitted to participate who have taken a solemn pledge (vow) to perform the sacred Yatra within 3 to 5 years of fulfillment of their wish.

(b)Devotees below the age of 18 and above 50 years will not be permitted.

(c)Permission will be granted only to those devotees who have had full vaccination (Certificate should be available) and a negative RTPCR report maximum three days prior to the yatra.

C. All the Kanwar devotees have to mandatorily carry with them alcohol based sanitizer and wear at least triple layered masks. 8

D. All the persons involved in transport, treatment and service of Kanwar devotees should also have RTPCR negative report.

E. All the States which have placed restrictions on Kanwar Yatra, no devotees will be permitted on such interstate roads.

F. Management of Makeshift Camps:- (a)During the Kanwar Yatra, the devotees have to take rest only at the makeshift camps duly authorised by the administration, and do not collect at random places. (b)It will be ensured that all the persons serving Kanwar devotees will also have RTPCR negative report.

(c)Camps will have arrangements for washing hands of all the incoming devotees with soap and sanitizers will be installed at various points in such camps for sanitizing hands etc.

(d)Each Camp will have infrared thermometers, pulse oximeters, masks, sanitizers and necessary arrangements for primary treatment. 9

(e)Body temperature of all the devotees coming to the camps will be taken and in case any fever or any other symptoms (cough, breathing problem etc.) is found, he will be referred immediately to the nearest health centre for further diagnosis and treatment. Their details will be recorded and they will be duly isolated.

(f) Each Camp will have a nodal person (Camp Health Incharge) responsible for coordinating covid protocols. The mobile number of such nodal persons will be available with the nearest health units and the officers of local police stations.

(g)Clean public facilities will be maintained at such camps. The organizers will ensure that every camp will be sanitized with 0.5% hydrochloride 2-3 times daily.

(h)Proper arrangements will be made necessarily for disposal of masks etc. used by the devotees in every camp.The drivers and assistants of the vehicles used for transport of Kanwar devotees will also have RTPCR negative report. 10

G. To regulate the crowd at the Shiv Temples, not more than 50 devotees will be permitted to enter at a time in the Temple for Dev Darshan, Jalabhishek and Pooja. The social distancing and compliance of Covid-19 protocol will be ensured there.

H. There will be prior identification of places for collecting pious water in their “Kanwar” or sacred pot, ghats of rivers and ponds from where the devotees pour water or take bath. Only a small number of devotees will be permitted at a time at such points to avoid crowding.

I. During Kanwar Yatra, detailed arrangements will be made by the administration to ensure that the crowd does not gather and the devotees form a queue following social distancing norms.

J. As far as possible Covid vaccination of all Pujaris and persons involved in local managements of all Shivalayas and the places where “Jalabhishek” is done, be completed and Covid tests should also be made.

11. That keeping in view the commencement of Kanwar Yatra w.e.f. 25.07.2021, the Director General of Police, Uttar Pradesh has issued directions vide letter no. DG-8-77(20)-2021 dated 08.07.2021 to all the Police 11

Commissioners/Senior Superintendent of Police/Police Superintendent giving detailed directions for effective arrangement for Kanwar Yatra.

12. The devotees will be made aware continuously through social media, electronic and print media, also through sound amplifiers that they have to ensure full compliance of Covid-19 protocol as prescribed by the Government.

13. During the entire Yatra, devotees have to comply with Covid Appropriate Behavior (CAB), use of triple layered masks, sanitisation of hands at regular intervals and social distancing norms. The District Administration will publicize these guidelines using various modes and mediums.

14. That thus the State of U.P. is taking all the precautions in permitting Kanwar Yatra in a symbolic manner while ensuring necessary restrictions duly complying with the Covid-19 protocols.

DEPONENT 12

VERIFICATION:

I, the abovenoted deponent do hereby verify that the contents of above affidavit are true to my knowledge derived from official record.

VERIFIED ON THIS THE 15TH DAY OF JULY, 2021 AT LUCKNOW.

DEPONENT