“God is not in Char Dham but in ‘Prakriti’ (Nature, the source)”: Colin Gonsalves argues against Char Dham road expansion

Colin Gonsalves, Senior Advocate informed Supreme Court on Thursday that the ecological balance of the Himalayas should be restored instead of mitigating the effects that mountains may face if excessive construction takes place in the region.

“God does not just reside in Char Dham but God is ‘Prakriti’ (Nature, Source). We are not against the development in Char Dham but for exercising control and restraint in the areas of ‘spirituality’,” said Gonsalves appearing for NGO Citizens for Green Doon.

He was responding the arguments of the Attorney General for India in an application filed by the Central Government seeking  modification of order of the Supreme Court dated 8th September 2020. The government has sought the widening of road due to the ongoing issues and probable confrontations at the northern border with China.

Gonsalve argued, “We may want to do many things in the Himalayan regions, the real issue is if the Himalayas are in a condition to tolerate it?”

He submitted that circular of 2020 takes no consideration of the report of the High Powered Committee and that if it is implemented, it will have disastrous effect on the ecological balance.

He argued that the Indian Road Congress (IRC) on whose deliberation the AG has relied on is not an independent body, and that it is under the control of Ministry of Road Transport and Highways. He submitted that while the army’s needs are paramount, it can only be met if the roads can protect the army.

Gonsalves submitted that the Char Dham Pariyojna is a laudable idea but like laudable ideas it should be implemented with restraint and balance. He quoted the example of one of the petitioners in the case who lost her husband in a landslide at Kedarnath and the petitioner herself died in an accident in the mountains. He brought the court’s notice to the fact that there are many such families and therefor the ecology of the region should not be disturbed.

He submitted that Himalayas is the best defence to our country and that if the region is affected the flow of Ganges will be affected which in turn will lead to millions of people losing their food security.

On previous occasion Gonsalves argued that the army were happy with the roads, however they had reluctantly agreed to the application owing to political pressure. On the last date of hearing the court asked the counsels to assist them on how to approach this issue in a balanced manner. Justice Chandrachud spoke about how the lives of army and civilians go hand in hand in the remote party of the country.

Orders have been reserved in the matter.

Case title: Citizens for Green Doon Vs Union of India