Bombay HC allows Jain temples in Mumbai to deliver food to devotees during Ayambil Oli Tap

On Friday, the Bombay HC allowed 58 Jain temple/trusts in Mumbai to use their kitchens for cooking food from April 19-27 for the ritual of Ayambil Oli Tap amid the novel coronavirus crisis. During the period of Ayambil Oli Tap, Jains observe fast by having only one meal in the day i.e vegetarian boiled food without any ingredients such as ghee, oil, sugar, spices, milk, fruits, etc. The court's order came on a plea filed by Shree Trust Atman Kamal Labdhisurishwarji Jain Gyanmandir Trust and Sheth Motisha Religious and Charitable Trust.

While they initially challenged the Maharashtra government's decision to not reopen religious places, they amended the plea seeking an alternate relief of allowing the devotees to take away the cooked food from the temple premises during the Ayambil Oli Tap period. Refusing to grant this relief, the court permitted the distribution of this food to devotees through a team of volunteers not exceeding 7 persons. A division bench of Justice SC Gupte and Justice Abhay Ahuja observed that it was just to allow the temple/trusts to deliver the food similar to the SOP for home delivery of restaurant food. The court also passed similar orders for Jain temple/trusts in Nashik and Pune.

During the hearing, the counsels for the petitioners argued that devotees should be allowed to pick up the pious food from the temple in specific slots. However, government pleader Jyoti Chavan made it clear that the state government could not allow takeaway considering the spike in the number of COVID-19 cases and the new 'Break The Chain' guidelines. While passing the order, the HC clarified that a separate petition can be filed seeking the opening of temples for prayers. At present, there are 6,21,646 active novel coronavirus cases in Maharashtra while 29,59,056 patients have been discharged besides 59,153 fatalities. 

Here are the HC's directives:

• The delivery system must be operated strictly as per the SOPs by the state government
• The trusts operating delivery system permitted herein shall communicate names and particulars of the delivery agents/volunteers to the jurisdictional police station/ concerned authority under the Disaster Management Act responsible for monitoring the SOPs in advance
• Under no circumstances shall the devotees be allowed to enter the temple premises for taking away the special food allowed by this order