Cracking the whip on dahi-handi celebrations in Maharashtra, the Bombay High Court on Monday banned children below 18 years from participating in the formation of human pyramids. It also barred organisation of human tiers above 20 feet. The State government has been asked to issue necessary notifications soon, as the Gokulashtami celebrations will be marked on August 18.
The court also directed the State government to issue guidelines for ensuring the safety of Govindas (girls and boys who participate in dahi-handis). It directed the formation of local committees to oversee the safety measures. The court also asked the Charity Commissioner to keep a check on persons other than public trusts collecting money for such events.
Making a fervent appeal to the organisers to give utmost priority to the health and safety of performers, it observed that “such performances can neither be termed as acts of bravery not justified for any other reason.”
The division bench of Justices V M Kanade and P D Kode disposed off the two Public Interest Litigations seeking restrictions on dahi-handi celebrations in the State. The petitions had said that rising number of Govindas were suffering permanent injuries or losing life in a festival which had turned into a competition these days.
“Accidents very often take place because of the number of tiers. Every year, several Govindas suffer permanent injuries or die due to fall from a height. No safety measures are undertaken by the performers. Those who are watching, also suffer on account of the govindas falling on them,” the division bench observed.
“We direct the State of Maharashtra to prevent children below 18 years from participating in performances popularly called as dahi-handis,” the court said in its order.
When the Government Pleader informed the court that the Maharashtra government had already issued circular banning children below 12 years from participating in dahi-handi, the court directed the government to amend it banning children below 18 years.
The court also directed the State government to amend legislation to include dahi-handi as a “dangerous performance.” Citing the example of United Kingdom where Children’s Dangerous Performances Act prohibits use of children in dangerous public performances, the court observed that such an act has not been passed in Maharashtra.
‘No criminal element’
Directing the formation of a local committee, the court emphasised on the inclusion of members who did not have any criminal record. “We don’t want such people. They are on the increase,” the court observed.
It said that a local ward officer of the Corporation, a local elected member who does not have criminal record, should be a part of the committee.
To ensure the safety of participants, the court ordered the State government to direct organisers to provide safety belts to performers and cushions at the venue. “The organisers shall inform the local police about the exact venue of the performance, the hours during which it is to be performed, the names and addresses of the govindas, the consent letters and the insurance details,” the court said in its order.
It directed the Municipal Corporation of Greater Mumbai to make adequate medical arrangements to promptly attend to the injured. It also directed the State government o make sufficient police deployment at the venues.
