Wednesday, December 6, 2023

No lockdown exemption for Eid-ul-Adha, rules Allahabad HC

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Lucknow: The Allahabad High Court has refused to exempt Eid-ul-Adha from lockdown restriction norms. The bench of Justice Pankaj Mittal and Justice Yogendra Kumar Srivastava heard a PIL filed by Surgeon and Peace Party Member, Dr Mohammad Ayub before giving this order.

The bench said restrictions imposed in view of COVID-19 are “neither arbitrary nor unreasonable. These have been imposed in view of public welfare and health. The fundamental right to religious freedom given in the constitution is not uninterrupted and the state has the right to impose appropriate restrictions on it.”

As per the petition Bakrid is on August 1, and sacrifice is an important part of Bakrid. But due to Covid-19, the state government has issued a guideline and decided to lockdown every Saturday and Sunday. It is a Saturday on August 1.

Therefore, the guidelines should be relaxed. The petitioner said that Article 25 of the constitution is the fundamental right to believe in and promote freedom of religion. The guidelines of the state government violates the fundamental right of the petitioner under Articles 21 and 25. 

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The court said that fundamental rights are not uninterrupted. It is subject to public welfare, public health and other provisions provided in the third part of the Constitution. The lockdown order has been given in view of public health and there is no reason why the guideline should be relaxed. The court has dismissed the petition.

Read the Order here;


-India Legal Bureau

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