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The right to religion is only effective if the person survives: Madras High Court declined to lift restrictions, amid the Covid19 pandemic.
Updated On : Sep 09, 2021 |   Shweta Dattatray Kulkarni.




Case No: W.P.No.19218 of 2021

THE HIGH COURT OF JUDICATURE AT MADRAS declined to lift the restrictions by stating that the restrictions have been imposed in public interest.

The Petition was filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to quash G.O.Ms.No.765, dated 30.08.2021 of the second respondent with respect to the overall banning of installation of Vinayaka idols in public places and taking them out in procession for immersion in waterbodies or seas and consequently direct the first respondent to permit installation and procession by the public by prescribing social distancing norms for the public gathering.

Therefore court observed that, 

As noticed in a previous matter in view of the pandemic and the emergency provisions invoked in such regard, instructions have been issued by the Union Government to State Governments and Union Territories to ensure that appropriate measures are put in place pursuant to such guidelines.

Accordingly, Court ordered by saying that,

“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. 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.”

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