The disposal came after the Additional Commissioner of Police (South Region), filed a compliance report stating that a meeting of community leaders was called and they have agreed to not include children.
The Bombay High Court on Monday disposed a suo-moto public interest litigation (PIL), seeking to ban minor children from participating in self-flagellation (matam), during Muharram procession. The disposal came after the Additional Commissioner of Police (South Region), filed a compliance report stating that a meeting of community leaders was called and they have agreed to not include children.
A division bench of Justice RM Savant and Justice Sadhana Jadhav have directed the police to personally monitor the procession and ensure proper compliance with the undertakings given by the community leaders while seeking permission to hold the procession. However, it clarified that it is not against religious practices.
Public prosecutor, Prajakta Shinde, placed on record a compliance report informing about the steps taken. On the last hearing, police were asked to resolve the issue and ensure no children were found to be involved in the procession, as in the previous year.
A few years back the court had converted a petition filed by Faizal Banaraswala, 44, and Abdul Rehman Qureshi, into the suo-moto petition. The two petitioners had then sought a ban on the procession as children were being injured by sharp weapons. It had raised concerns about people contracting diseases as the same knife or small sword was being used by more than one persons.
Further, the matam, it claimed was prohibited under the newly enacted legislation — the Maharashtra Prevention and Eradication of Human Sacrifices and Other Inhuman Evil and Aghori Practices and Black Magic Act.
...AND ANALYSIS
The regulation undertaken by the police will prevent children from suffering serious injuries which are caused due to the use of sharp weapons.
However, it will depend on religious leaders for proper implementation as the role of the police is limited considering this is a religious practice
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