Srinagar: “Right to health of every person has to be placed at the highest pedestal,” the J&K High Court said on Wednesday while directing the government and the Amarnath Shrine Board to take a decision on the annual Amarnath Yatra keeping in view the pandemic situation.
The court said that though it is bound within the jurisdiction of law and cannot rule over the decision of the executive, but in view of the pandemic crisis, the Amarnath Board and government should take a considered decision.
Chief Justice Gita Mittal and Justice Sanjay Dhar noted that such considered view shall ensure compliance of all healthcare protocols, Standard Operating Procedures notified by the Government of India, and be guided by 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.”
The court said that the healthcare system in J&K is already overburdened while giving reference to a status report dated 10 July, which said that the annual Yatra requires to be curtailed both in number and duration in the interest of justice, safety of human lives, and healthcare.
“Even if adequate facilities could be created, the government has expressed the huge challenge posed for isolation of the suspected Covid-19 patients as well as those found infected on the route of Yatra. Not only isolation facilities but also diagnostic facilities would be required to be set up all along the route,” the court noted.
“In view of the Yatra, government must 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,” it added.
It was noted by the court that in its decision making the Board shall ensure consideration of the welfare and support of all persons, especially the members of the communities who provide pithoos, palkis, mules and horses on the Yatra route.
“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,” the court said.
It was observed that movement on the Yatra track even without the pandemic situation is a challenge at any point of time.
“It challenges even the able bodied and the healthy. It appears that it would be impossible to deal with infection on the track,” the court said.
The court noted that from the status reports placed before it, the respondents were clearly unable to provide the requisite healthcare, means to isolate suspected/ infected Covid-19 cases along the Yatra or at the cave.
“Certainly they have no means of evacuation from the Yatra and no method of removal of a dead body that is a Covid mortality in a controlled environment from the Yatra route. No details have been provided regarding quarantine and social distancing during the Yatra,” the court said.
Earlier, Sachin Sharma, an advocate in Jammu wing of High Court, had filed a plea expressing concern about the commencement of the Yatra amid the Covid-19 pandemic.
Sharma submitted that no labour was available to facilitate or assist the administration for removal of snow or for making the necessary arrangements.
On account of lack of preparedness and the apprehended inability of the authorities to deal with the requirements of Covid-19 infection on the Yatra, especially the quarantine and treatment facilities which would be required, Sharma pleaded that the Yatra be prohibited from taking place.

NUSRAT SIDIQ