Reconsider releasing water for shahi snan, Bombay High Court tells Maharashtra govt

Observing that this was a very serious issue, the court said: “We direct the government to reconsider releasing water for the ‘shahi snan’.

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Sahi Snan at Ram Kund in Kumbh Nasik (Express Photo by Amit Chakravarty)

THE Bombay High Court asked the state government Monday to reconsider its decision to release water for the third shahi snan (holy dip) on September 18, during the ongoing Kumbh Mela in Nashik. The court said the water could be instead used for drinking purposes. “The government has a policy, which categorises its priorities as far as supply of water is concerned. As per the policy, supply of water for drinking purposes comes first and supply of water for such shahi snans comes in the last category,” said the court.

Observing that this was a very serious issue, the court said: “We direct the government to reconsider releasing water for the ‘shahi snan’. We expect the government to take a decision on the issue before September 18,” said the bench, directing an appropriate officer of the government to file an affidavit in the matter by September 21.

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Justices A S Oka and V L Achliya were hearing a public interest litigation (PIL) filed by H M Desarda, an economic professor from Pune, seeking quashing of the state’s decision to release 3TMC water from Gangapur dam for the Kumbh Mela. The Kumbh Mela started on July 14 and the next shahi snan is on September 18. The Kumbh Mela will end on September 25. The government has allowed release of 1 TMC for each holy dip.

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The petition said the water so released would be a “sheer waste, given the drought situation in the state and the grave danger it posed to human survival”. Desarda argued Monday that the water released from dams was violative of the National Water Policy and also that of the state.

In terms of water usage, the National Water Policy gives first preference to drinking needs, followed by agriculture requirements and then commercial purposes. “The petitioner pointed out to apex court orders, which states that access to drinking water is a fundamental right and it is state’s duty to provide drinking water under Article 21 (Right to Life) under the Constitution,” the bench pointed out. The court said it could not be disputed that there was scarcity of water in the state. The government pleader, meanwhile, said lakhs of devotees were visiting Nashik for shahi snan and such a move would lead to a “law and order situation”.

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