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In the case of Shree Trustee Atma Kamal Labdhisurishwarji Jain and Anr vs. The State of Maharastra & Ors, the Bombay High Court granted permission to two Jain trusts to keep their temples open for five days on the occasion of Diwali for a specified time. The court also directed that adequate COVID – 19 safety measures are to be implemented. Both petitioners in the instant case are Religious and Charitable Trust, registered under the Trust Act, 1950. As per the Petitioner, the festive season of Diwali is very auspicious. Hindus more specifically for Jain devotees each and every day of Diwali has its own importance, and during those days they look forward to performing puja and prayers in a very special way. The Petitioner through their submissions has drawn their attention to the importance and details of each day of Diwali under the Jain Customs and Religion. They also claimed that Jain culture is for the upliftment of all living beings. Even the slightest pain caused to any living being is considered as sin under Jain culture. The petitioner submitted that traditionally the rituals in Jainism are practiced for thousands of years in a health-conscious manner and since it’s the pandemic time naturally they will follow extra care.
Special arrangements for small groups at different times and different places will be made. This is to ensure the physical distancing norms will not be violated. The rituals performed during Diwali are considered an essential and integral part of religious worship and denial of the rituals to the devotees will deprive them of the fundamental right under Article 25 and 26 of the Indian Constitution. The court also observed that the Government has allowed the opening of malls, restaurants, bars, etc and also public transport has been resumed. But the court clarified that they have no intention to interfere with the Government policies or to run the Government. Therefore in light of the above observations, the High Court of Bombay being conscious of rights vested under Article 25 of the Constitution of India allowed the opening of the temples and stated that all the COVID-19 safety norms have to be followed.
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