The Delhi High Court has refused to entertain a plea by the Chhath Pooja Sangharsh Samiti and the Purwanchal Jagriti Manch, challenging the Delhi government’s notification that banned the observance of Chhath Puja on the banks of the Yamuna river. The petition, which was brought before Justice Subramonium Prasad, argued that the prohibition issued on October 29, 2021, by the Delhi Government’s Disaster Management Authority (DDMA), violated the fundamental rights of the people.
The petitioners contended that the order affected the religious practices of approximately 30 to 40 lakh devotees, stating,
“Respondent no 1 (Delhi government) notified the aforesaid notification during Covid-19 period without any power… It is further submitted that respondent no.1 has not mentioned proper law/rules which entitles them to restrain the worship of 30-40 lakh of the devotees.”
Justice Prasad, while dealing with the plea, was informed that despite the High Court’s ruling, the state was proceeding with the ban, even though neighboring states like Uttar Pradesh and Haryana allowed celebrations on the Yamuna’s banks.
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The societies argued that the prohibition of Chhath Puja, a significant religious festival, was seen as a violation of the right to practice and propagate one’s religion.
“That Chhath Puja, being a religious festival and practice, falls under the infringement of constitutional rights. If the orders were to impose restrictions on the functioning of Chhath Puja, it could potentially be challenged under the Constitution of India,”
the plea stated.
However, Justice Prasad observed that the prohibition was imposed to prevent pollution in the river and expressed his inclination to dismiss the plea. Consequently, the counsel for the petitioners chose to withdraw the plea.
This legal challenge comes after a similar plea was dismissed by a coordinate bench in November 2021, which found no merit in the case. The current case, titled “Chhath Pooja Sangharsh Samiti & Anr. v. Govt. of NCT Delhi & Ors.”, has brought to the forefront the conflict between public health measures and the constitutional guarantee of religious freedom.
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