It is not possible to lift the prohibition by providing any guidelines for regulating the mourning rituals connected with the 10th day of Moharram: Allahabad HC. [Read Order]

By: – S.M.Hassan Abedi

The Allahabad High Court declined to permit the conduct or processions of “TAZIA”in utter Pradesh in view of the COVID-19 pandemic in the state.The Division Bench comprising Justices SK Gupta and Shamim Ahmed observed.

The Court said that “That we have also given serious thought to working

Out some mechanism in order to permit the processions for Taziyas burials, while imposing certain restrictions. However, no such workable mechanism could be suggested even by the Counsels for the Petitioners”

The complete prohibition of practices which are essential to our religions is very much in proportion to the unprecedented situation we are faced with.

A number of PIL pleas had challenged the two state government orders passed in August insofar as they banned taking out of Moharram processions.

The petitioners argued that these orders were discriminatory and arbitrary, while pointing out that Supreme Court had earlier allowed the conditional conduct of the Rath Yatra in Odisha and for devotees to conduct prayers in Jain Temples during Paryushn in a limited manner.

The Court said that the circumstances of Odihsa Jagantah yatra were entirely different from this “the present case, is clearly distinguishable

“From the aforesaid cases since it pertains to the entire State of Uttar Pradesh and is not confined to one or a few districts. In this regard it may be noted that it would be discriminatory to grant permission to certain districts while prohibiting the others. Further the intensity of the spread of the contagion in the State is rising at an alarming rate.”

The Counsel for petitioners submitted that the Two Government orders under challenge had placed similar restrictions on the conduct of religious festivities for all religious communities.

The petitioner had contended that Muharram and the rites and rituals associate with it are an “integral part” of Shia faith and therefore, an absolute prohibition on the same shall effect their religious “The Constitutional guarantee regarding freedom of religion enunciated in Article 25 of the Constitution of India extends to the practice of that particular religion and encompasses all rites and ceremonies associated with the same,”

The Court emphasized that the intensity of COVID-19 transmission in the state of UP “Alarmingly high” and “although the complete prohibition of practices which are essential to our religious in proportion to the unprecedented situation we are faced with, owing to the pandemic. The right to practise and propagate religion has been made subject to the public order, morality and health, even under the constitution of India”In view of these reasons the Allahabad High Court had rejected pleas for the conduct of Muharram procession this year, while also observing that

“Although the complete prohibition ofpractices which are essential to our religions is an extraordinary measure, it is very much in proportion to the unprecedented situation we are faced with, owing to the pandemic. The right to practise and propagate religion has been made subject to public order, morality and health, even under the Constitution of India.”

[Read Order]