Bombay High Court permits Jain temple to home deliver food during 9-days fast

Bombay High Court permits Jain temple to home deliver food during 9-days fast
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A relief for the Jain community in Mumbai, Pune and Nashik, the Bombay high court (HC) has permitted Jain temple trusts to cook religious food in their kitchens during the nine-day Ayambil Oli Tap fasting observed from April 19 to 27 and distribute the food through volunteers or delivery agents, not exceeding seven in number.

A vacation bench of justice Suresh Gupte and justice Abhay Ahuja, while hearing petitions filed by two temple trusts — Shree Trust Atman Kamal Labdhisurishwarji Jain Gyanmandir Trust and Sheth Motisha Religious and Charitable Trust, was informed by advocate Prafulla Shah that as per the court’s suggestion on Thursday, the trusts were willing to deliver the pious food to the homes of devotees through volunteers/delivery agencies.
Shah submitted that the number of volunteers for delivery should be according to the size of the dining halls, which varied across different temples. Shah also informed the bench that apart from the two temple trusts, the petition was seeking similar reliefs for 58 Jain temples in the city.

The HC directed the petitioner trusts to ensure that the volunteers followed Covid-related standard operating procedures (SOPs) and to furnish the list of volunteers to jurisdictional police station.

Additional government pleader Jyoti Chavan objected to the variation in the number of volunteers or delivery agents, and stated the same should be uniform across all temples due to the current situation. He further said it was agreeable to permit five volunteers or delivery agents for every temple.
After hearing the submissions, the court held the SOP of the state did not permit any dining hall to operate hence it was accepting the amendment of the petitioners to include catering the special food through takeaway mode.

“Considering that the state has permitted restaurants and other food joints to cater to public through home delivery services and not through dine-in, it would be clearly in the interest of justice to allow these Jain charities to deliver food through home delivery services,” the court noted in its order.
It further observed that each of the petitioners and trusts could organise delivery of such cooked food through a team of volunteers not exceeding seven persons or through professional distributions service agencies permitted by SOPs of state. The court further held that, “In preparing food and executing deliveries to devotees, the petitioners and its agents shall abide by the guidelines issued by the state in SOP of April 13, and under no circumstances shall devotees be allowed to enter temple premises for taking away pious food allowed by this order.”

The bench also directed the trusts operating delivery system to communicate names and particulars of delivery agents/volunteers to the jurisdictional police station/concerned authority under Disaster Management Act.

The court said the order would apply to Jain temples in Pune and Nashik as well, as disposed of the petition.