Ganga Aarti A Time-Honoured Public Observance Rooted In India’s Cultural & Civilizational Heritage: Uttarakhand HC Allows Continuance With Strict Conditions

An urgent writ petition was filed by Shri Ganga Sabha, Rishikesh under Article 226 of the Constitution seeking quashing of an order and a resolution issued by the Nagar Nigam, Rishikesh, restraining the petitioner society from managing and conducting the Ganga Aarti.

A vacation Bench of Justice Ashish Naithani noted, “The Ganga Aarti performed at Triveni Ghat is a time-honoured public observance, deeply interwoven with the cultural and civilizational heritage of the Indian subcontinent. The River Ganga occupies a unique place in the collective consciousness of the people and is widely regarded as a sacred river of the nation, symbolising continuity, purity, and cultural identity. ”

The Court further observed, “The riverbanks and the observances conducted thereon attract persons from diverse walks of life, including pilgrims, visitors, tourists, observers, and silent passers by, belonging to different faiths, beliefs, genders, and nationalities, who engage with the experience through prayer, contemplation, or quiet reflection. The Ganga Aarti, therefore, represents a shared cultural and spiritual expression of public life, reflective of collective heritage, rather than an activity confined to any particular religion or community.”

The Court added, “Having regard to the customary nature of the ritual, the public sentiment attached thereto, and the fact that the Ganga Aarti has been continuously performed at Triveni Ghat for several years, its sudden discontinuance, without any alternative caretaker, organising body, or committee being put in place, would result in avoidable disruption and public inconvenience. In such circumstances, the continuance of the ritual, pending appropriate administrative arrangements, assumes significance.”

Advocate Piyush Garg appeared for the Petitioner and Chief Standing Counsel C.S. Rawat appeared for the Respondents.

The respondents raised an objection regarding maintainability of the interim relief during court vacation, contending that no urgency was made out. It was also argued that the registration of the petitioner society had expired long ago and therefore the petitioner was not legally entitled to conduct or manage the Ganga Aarti. The respondents further alleged that the activities of the petitioner society were monetarily motivated, asserting that large gatherings of pilgrims and tourists were commercially exploited and that cleanliness and hygiene were not maintained to the required extent.

While acknowledging that the registration of the petitioner society had expired and that the petitioner could not claim an indefeasible right to continue managing the Ganga Aarti solely on the basis of past practice, the Court held that the issue before it was the immediate consequence of abruptly restraining a long-established public observance.

The Court held, “It is in this context that the plea of urgency raised by the Petitioner merits acceptance. The issue at hand directly concerns a long-standing public observance, the abrupt discontinuance of which is likely to cause widespread public inconvenience and disturbance of settled practice at Triveni Ghat. The matter, therefore, cannot be treated as routine or non-urgent, particularly when no alternative arrangement has been put in place. Considering the urgency involved and the larger public interest, this Court is of the view that limited interim relief deserves to be granted to the Petitioner Society, Shri Ganga Sabha, Rishikesh.”

The Court added however, such relief shall be strictly temporary, subject to conditions, and shall not be construed as recognition of any vested or permanent right:

• (i)The Petitioner Society shall not monetarily or sentimentally exploit pilgrims, visitors, or tourists by charging any entry fee, ticket, or consideration for witnessing or participating in the Ganga Aarti.
• (ii)The Petitioner Society shall not exploit local vendors who earn their livelihood by selling flowers, lamps, or other articles connected with the ritual of pooja or Ganga Aarti, whether by way of commission, rent, or otherwise, except with the prior consultation and approval of the respondent Nagar Nigam, Rishikesh.
• (iii)The Petitioner Society shall remain duty-bound to maintain cleanliness, hygiene, and environmental discipline at Triveni Ghat during and after the performance of the Ganga Aarti and related rituals. This obligation shall include proper collection and disposal of floral offerings, residue of burnt camphor, lamps, oil, ghee, or any other material generated during or after the observance, so as to ensure that the river and the ghat premises are not polluted or degraded.

The matter has been listed for further hearing on March 25, 2026. The stay application and urgency application were disposed of accordingly.

Cause Title: Shri Ganga Sabha Rishikesh v. Nagar Nigam, Rishikesh & Ors.

Appearance:

Petitioner: Advocates Piyush Garg, Sagar Kothari

Respondents: Advocates Lalit Miglani, C.S. Rawat, Yogesh Chandra Tiwari

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