Mumbai: Only two Jain temples permitted to open during five-day Diwali festival

Source:-https://www.hindustantimes.com

The Bombay high court has allowed only two Jain temples to open for devotees in Mumbai for five days during Diwali between Dhnateras and Bhau Beej with strict conditions. A division bench of justices S J Kathawalla and Abhay Ahuja issued the order while rejecting a plea seeking reopening of 102 Jain temples for Diwali, saying they should approach the court individually.

The bench was hearing a petition filed by two Jain temple trusts. Advocate Prafulla Shah, who represented the petitioners, told the bench that the petition was seeking a limited relief in the form of permitting Jain temples in the city to open for five days during Diwali. Shah submitted that as the five-day period of Diwali is auspicious and important for Jains, they should be permitted to visit the temples.

While referring to previous orders of the high court and Supreme Court wherein the Jain community was allowed to publicly observe their religious events and open three temples during the Covid-19 pandemic, Shah said that the community would abide by the lockdown and social distancing norms. In light of this undertaking Shah sought directions to the state to permit the opening of 102 Jain temples for five days.

Shah also said that while the state had permitted the opening of bars, restaurants, and theatres, it was being discriminatory in not permitting temples to open.

Advocate general Ashutosh Kumbhakoni opposed the petition. He said that the claim of the petitioners that the five days of Diwali are very important only for the Jain community was baseless as the festival is important for all Hindus. He added hence the petitioners could not seek reliefs solely for their community. Kumbhakoni opposed the prayer for permitting 102 temples to open saying that the petition was not public interest litigation and hence the two petitioners could not seek relief on behalf of the entire community.

“The state is cognizant of the situation and has said that it will consider the opening of temples after Diwali. Devotees from all religions…Hindus, Christians, and Muslims are eager to visit their religious places but are patient in the current situation and stand taken by the government. The Jain community should also be patient,” said Kumbhakoni.

Kumbhakoni countered the argument of discrimination. He said it was surprising that the petitioners were comparing temples to bars and added that the commercial activity was permitted only on economic grounds. Kumbhakoni said hence the petitioners were wrong in drawing such a comparison. In light of these submissions, Kumbhakoni sought rejection of the petition or permission for opening all the temples.

After hearing the submissions, the bench concurred with the submissions of Kumbhakoni and said that it would pass orders only for the opening of the temples run by the petitioner trusts.