Sachin Sharma, Advocate practicing regularly in the Jammu Wing of the High Court of Jammu and Kashmir expressing deep reservation and anxiety about the health and well being of the yatris and the citizens of Jammu and Kashmir in case Shri Amarnathji Yatra was permitted to be held this year account of current COVID-19 pandemic, A Division Bench of J&K High Court comprising Chief Justice Gita Mittal and Justice Sanjay Dhar, directed that Shri Amarnath Shrine Board and the respondents shall urgently take all decisions regarding the Yatra while complying with the order dated 13th July, 2020 in WP(C) No.623/2020 of the Supreme Court of India taking into consideration all the relevant issues as also the several concerns pointed out by the applicant, amicus curiae and the respondents before us.
DB further ordered that such considered view shall ensure compliance of all healthcare protocols, Standard Operating Protocols notified by the Central Government as well as by the Union Territory of Jammu & Kashmir guided by the principles laid down by the Supreme Court of India that the right to health of every person has to be placed at the highest pedestal; address the concerns of the health of the security personnel, healthcare personnel, priests, the Yatris and of the officials who would be involved in the arrangements and conduct of the Yatra as also the residents of the Union Territory of Jammu & Kashmir.
DB further ordered that in the decision making, the Board shall ensure consideration of the welfare and support of all persons, especially the members of the communities who provide the porterage/ pithoos, palkis; mules and horses and who provide services on the Yatra and Consideration would also need to be accorded to the welfare of the animals (mules, horses, ponies etc.) involved in the Yatra and measures needed for the same.
While passing above directions, DB Observed that the Amarnath Temple is one of the 51 Shakti Peethas in India and deeply revered in the Hindu Religion. The applicant has urged that the temple is located in a cave at an altitude of 3888 meters (i.e. 12756 ft) in District Anantnag in the Union Territory of Jammu and Kashmir at a distance of 141 kms from Srinagar and 361 kms from Jammu. The Shrine is accessed through the town of Pahalgam in District Anantnag. The cave is largely snow covered for greater part of the year except for a short period of the few months in the summer when it is open for pilgrimage. As per the Hindu religious belief, the ice stalagmite in the Shri Amarnathji Cave, which reaches a height of over 130 ft, is worshipped as Shiva Lingam.
DB further observed that the worshippers believe that that Lord Shiva left Nandi, the bull, at Pahalgam (Bail Gaon); at Chandanwari, the Lord released the Moon from his hair (Jata); released his snakes on the banks of Lake Sheshnag and left his son Lord Ganesha at the Mahagunas Parvat (Mahagnesh Mountain). The belief is that at Panjtarni, Lord Shiva left behind the five elements – earth, water, air, fire and the sky. Lord Shiva is said to have performed the Tandava Dance as a symbol of sacrificing the earthly world. It is believed that Lord Shiva entered the Holy Amarnath Cave along with Ma Parvati and explained the secret of life and eternity to her therein.
It was also informed that the pilgrimage to the Shrine normally commences from 1st July and ends on 15th August. The reverence accorded to the shrine is manifested from the steep increase in pilgrims from about a mere 12989 in 1989 to over 4 lakh in the year 2007. In 2011, the number of pilgrims who visited the shrine peaked about to 6,34,000.
During the course of hearing Adv Sachin Sharma submitted that keeping in view the arduous nature of the pilgrimage route and that pilgrims are allowed to the yatra route only after compulsory health check-up and are required to bring a medical certificate.
AAG Aseem Sawhney, that the Yatra 2020 has been proposed from Baltal route only as the arrangements on Pahalgam route could not be completed because of Covid-19 pandemic.
DB observed that the pilgrimage from either side is not easy and requires extensive facilitation by both the State and Non-State Organizations. While the State is engaged in ensuring proper passage, security, medical facilities, setting up of points of stay, lodging, toilets etc, it is also responsible for ensuring continuous supply of power and telecommunication facilities at or near the Shrine.
It is submitted that in the past, it is the Non-State Organizations which have been taking up the responsibility of making the extensive arrangements for the food supply, resting tents, etc for the yatris. Mr Sharma submits that without the contribution of these NGOs, the Yatra would be extremely difficult to organise.
DB further observed that the Yatra unfortunately has also been at the receiving end of terrorist threats in the 1990s and pilgrims have suffered violence on 2nd August 2000, 20th July 2001, 30th July 2002, 6th August 2002, 10th July 2017 at the hands of the militant organizations. In August 2019, the Yatra was suspended by the authorities on account of apprehension of violence and in the recent past as well, the District Anantnag, where the Yatra is located, has been in the news on account of encounters involved killing of terrorists.
DB directed the Government agencies are compelled to make extensive arrangements to ensure the safety and security of the yatris. The arrangements thus include extensive and elaborate security by the Indian Army, the Paramilitary Forces-Central Armed Police Forces including the Border Security Force as well as the Jammu and Kashmir Police, not only along the Yatra route, but provision of security to the yatris from the moment they enter the Union Territory of Jammu and Kashmir by any mode.
DB observed that this Court had issued notice to the respondents who have filed a Status Report dated 10th July 2020.
For expediency, DB observed that we extract the relevant submissions in the status report that in the UT of Jammu and Kashmir, Government has issued various orders to curb Covid 19 including restrictive movements in red zones and other incidental measures. The temples, other religious places, spiritual centres and all places where there is possibility of large congregations are still not allowed to open. Even the Holy Shrine of Shri Mata Vaishno Devi at Katra is also not open for the pilgrims at present. That however in view of the prevailing situation due to Covid 19, Shri Amarnathji Yatra can be permitted in a restrictive manner and the same is under consideration of the Government for which a meeting of the Sub Committee constituted by the Hon’ble Supreme Court in Writ Petition (Civil) 284/2012 was held under the chairmanship of the Chief Secretary Jammu and Kashmir to assess the preparation for the Yatra for the year 2020. The minutes of the meeting dated 3.7.2020 are attached as ANNEXURE R1 for the kind perusal of the Court. That while reviewing the preparations for Shri Amarnathji Yatra 2020, it was observed that in view of the COVID-19 pandemic, the State Executive Committee constituted under the Disaster Management Act has issued SOPs which, interalia, prescribe 100% RTPCR test for all persons travelling into J&K. All entrants into J&K will have to be sampled, tested and quarantined till they are reported to be negative. The camping facilities earlier utilized for Yatris, especially at entry points are currently being utilized as quarantine centres. It was emphasised in the meeting that SoPs for testing of persons entering J&K shall apply to Yatris as well. However, it was observed that social distancing norms would further strain these holding capacities. It was deliberated that keeping in view these circumstances, the Yatra this year, would have to be undertaken in a restricted manner, so that the SoPs for COVID-19 are strictly adhered to during the conduct of the Yatra.
DB after gone through the status report observed that it is noteworthy that no details have been provided as to how the above quarantine and social distancing would be maintained on the Yatra.
DB further observed that so far as provision of healthcare is concerned, the respondents stated that during the meeting health care issues and requirement of additional arrangements to be made during yatra were also deliberated, keeping in view the present Coronavirus pandemic situation. It was informed that adequate stock of drugs, consumable items, sleeping bags, besides PPE kits and masks are being made available to the doctors and paramedical staff being deployed for Yatra duty. It was apprised that two base Hospitals are also being established along Baltal route. However, a serious concern was expressed about the stress in the medical system because of the Yatra as 9 out of 10 Kashmir districts are Red and the entire medical system is fully stretched in handling the challenge. No doctors would be available from outside J&K for the Yatra this year due to pandamic . Isolation facilities will have to be created to ensure any COVID-19 challenges are addressed on emergent basis at the Holy Cave and the Base Camp itself, which is very challenging. Also, COVID and high altitude sickness symptoms are quite similar and all cases will have to be treated as deemed COVID positive in case of an emergency. Further, special arrangements will have to be made for handling dead bodies.”
The respondents are clearly unable to provide the requisite health care, no means to isolate suspected/ infected Covid-19 cases along the yatra or at the cave; certainly have no means of evacuation from the yatra and no method of removal of a dead body i.e., a COVID mortality in a controlled environment from the Yatra route.
Our attention is drawn to the seriousness of the situation on account of the pandemic in the UT of J&K by the following disclosure in the Status Report that it is equally pertinent to place on record, the data and statistical record of the UT of J&K with regard to positive cases of COVID 19 and the entire administrative machinery with its health care personnel are involved in the fight against the deadly COVID 19 infection.
The district wise data of the positive cases from 1.6.2020 to 6.7.2020 is attached herewith as ANNEXURE R2 for the kind perusal of the Hon’ble Court.”
An extremely grim state of affairs and the adverse impact on the available healthcare system if part of the limited infrastructure was diverted for the purposes of the Yatra when it is stated that it is not denied that the situation in the UT is grim and the entire manpower, healthcare, professionals, security force personnel are at the moment dedicatedly fighting the COVID 19 situation and the annual yatra, therefore is to curtailed both duration wise and pilgrim wise, however the Hon’ble Court may pass orders in the interest of justice, safety of human lives and healthcare of the people at large.”
DB further observed that performance of rituals and participation of devotees that certain significant steps taken by the authorities to ensure performance of all rituals and enabling darshans and participation of the devotees, though virtually, stand taken.
Db further observed that the respondents have informed as followsthat it is needless to submit, that for the healthcare as well for meeting the challenge posed by COVID 19 the answering respondents are utilizing the health care facilities the limited infrastructure as well as health care professionals including the doctors, paramedics etc. But any diversion of resources to the Yatra will adversely affect the medical work in COVID affected areas.1the Shree Amarnath Shrine Board has made adequate arrangements for carrying on the regular religious rituals at the Shrine and provision has been made for ensuring that supplies reach the priests. Their security has also been provided for and to tackle the situation and to facilitate the “darshan” of the pilgrims this year the Government has started a live telecast of the Baba Amarnathji Arti on DD National and live streaming on YOUTUBE channel due to the COVID 19 pandemic, so that the devotees can have the darshan of their beloved Lord Shiva without having to personally come and avoid the yatra. The telecast has provided solace to the yearning of the faith of the devotees who are not getting to quench this desire to have darshan of Bhole Baba by streaming on the internet and the TV.” JNF