No one has a fundamental right to a public holiday; Bombay high court

By – Sonal Priya

The Bombay High court recently held that there’s “no legally enforceable fundamental right to a public holiday and whether or not to declare a particular day as a public holiday or elective vacation is an issue of government policy.” It also determined that given that there are “too many public holidays within the Nation the time has come to reduce and now not to increase  them.”The court made these observations whilst rejecting a plea searching for instructions to the Administrator of Dadra and Nagar Haveli to claim August 2 as a public excursion to rejoice the Liberation Day of the Union territory. A department bench of Justice Gautam S Patel and Madhav J Jamdar became on Wednesday listening to the plea by using Kishnabhai Nathubhai Ghutia who, pending the hearing and final disposal of his writ petition, sought an order directing the respondent authorities to difficulty a notification asserting August 2 as a public holiday from this yr. Acting for the petitioner, advocate Bhavesh Parmar, Devmani Shukla, Rajesh Sahani and Reshma Nair informed the courtroom that on August 2, 1954, the Union territories of Dadra and Nagar Haveli gained “Liberation/Independence” from Portuguese rule and have become part of the territory of India.“From 1954 to 2020, 2nd August changed into accredited as a public excursion as a consequence of Liberation or Independence. This became discontinued on twenty-ninth July 2021,” the petitioner claimed. It changed into similarly argued that if August 15 can be declared as a public holiday to mark the nation’s Independence Day, there is no purpose why August 2 must not be declared a public vacation for Dadra & Nagar Haveli. The petitioner in addition cited an order of every other bench of the excessive courtroom surpassed on April 15, 2019, relating the worried Union territory, in which ‘accurate Friday’ turned into listed as a restrained (optionally available) excursion but not a gazetted excursion. As in keeping with the said order, the argument was made that taking into

Account the population of Christians within the location, it becomes decided not to declare Good Friday as a gazetted vacation. However, looking at that Christmas and similar vacations are extensively celebrated, the coordinate bench had disposed of the PIL by using directing the administrator to declare Good  Friday as a gazetted excursion in the Union territories of Diu, Daman, Dadra, and Nagar Haveli. But, the bench led by Justice Patel determined, “That order stands on a special footing from the prevailing case. That PIL becomes about the failure to gazette i.e. Make compulsory, a public excursion rather than keep it non-compulsory. Whether or not to claim a selected day as a public holiday or an elective holiday or no vacation at all is an issue of government coverage. There’s no legally enforceable proper that may be stated to be infringed. Nobody has a fundamental proper to a public excursion.” It held, “As it’s far, we have way too many public holidays in this USA. Perhaps the time has come to reduce, not grow, the variety of public vacations. We do no longer see any substance in the petition. It’s far rejected.”

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