The Supreme Court on Wednesday agreed to examine an appeal by the Hindu Dharma Parishad against an order of the Madras High Court, which said the right to practise religion was subservient to the right to life.
A Bench, led by Justice Indira Banerjee, issued notice to Tamil Nadu.
The High Court had upheld the State government’s decision not to open religious places during the peak of the COVID-19 pandemic, while calling the plea made by the Parishad ‘petty’ in nature.
It had observed that when the right to life was threatened, the right to practise religion could take a back seat.
“Ordinarily, even a constitutional court will not interfere in such matters since it may not possess the expertise in deciding what is appropriate, and unless it finds the executive action in such regard being utterly arbitrary and completely without basis," the High Court had said.
It had left it to the discretion of the State to obtain expert advice and consider relevant factors, including the crowding that occurred at religious places, while continuing with lockdown restrictions in areas which were more severely affected by the second surge of COVID-19 last year.
