How will Dussehra be celebrated without effigies: Delhi HC to SDMC

A bench of Acting Chief Justice Gita Mittal and C Hari Shankar observed that the authorities permit construction of buildings for "rich" people but remove the "poor", calling them encroachers.

"Where will they go and where will they make effigies? You (South Delhi Municipal Corporation) give them a place. You cannot throw them out.
"Can't you anticipate that artisans will come before Dussehra and make effigies. You permit buildings for rich people and bring enactments for them and you remove these poor people saying they are encroachers. How will Dussehra take place if there are no effigies," the bench asked.

It stressed that there should be a centralised place where these artisans and craftmen can make effigies, while listing the matter for hearing on September 25.
It said that the constitutional rights of the effigy- makers are involved and they are here only temporarily and were no encroachers.

During the hearing, advocate Monika Arora, appearing for the SDMC, submitted that it had received a letter from DMRC that the artisans have taken over the land and were blocking the main road in west Delhi's Titarpur area.
Arora, in a status report, said SDMC has only confiscated around 20 effigies as they were coming out on to the road. No effigy was destroyed and would be returned to the owners.
The court had yesterday issued notices to the Delhi government and SDMC asking them about the action taken against the artisans engaged in preparing effigies of Ravan, which are set on fire as part of the Dussehra celebrations.

The high court has initiated proceedings against the authorities on its own after taking note of a news report.
During the day's hearing, the court directed all the authorities concerned to identify a place where the artisans would be safe, observing that "nothing gives power to you to destroy their belongings."
It directed that SDMC, Delhi government shall identify a safe spot where artisans and craftmen can make effigies for Dusshera and could be lodged with proper facilities.
The court asked SDMC to restore the effigies confiscated and destroyed by it in September and take steps to ensure compensation and restoration of loss caused to poor artisans.

It asked advocate Ashok Aggarwal, a 'local commissioner', to inform the SDMC the properties of artisans destroyed by it.
The bench said it was by chance that it had read about the authorities' action in media reports, "otherwise Delhi may not have had Dussehra this year."

Several artisans were also present in the court during the hearing.
Aggarwal, who was asked to visit the area in Titarpur where the effigies were allegedly destroyed, submitted his report saying it was visible at various places on the footbath that demolition has been carried out resulting in razing of temporary shelters where these artisans were living.

He said that after demolition, several families were found to be living and preparing their food in the open in miserable conditions. There was no facility of mobile toilets and drinking water and "tears of deprivation" were visible on the faces of artisans, he added.

He said he was informed by the artisans that SDMC carried demolition and crushed their creations with a bulldozer between September 15 and 18 and the officials had taken away their creations in trucks.
Agarwal mentioned in his report about the loss caused to eight craftmen which ranged from Rs 2.5 lakh to Rs 10,000.

The news report talked about the plight of these craftsmen, apparently poor, whose only source of livelihood was making these effigies.