HC in 2017 refused to encroach upon legislative powers & asked Govt to regulate the festival
The Dahi Handi festival, will be celebrated on Monday, but until now the State has not fixed the height limit for human pyramids. The Bombay High Court had in 2017, refused to encroach upon legislative powers and left it to the state to regulate the Dahi Handi festival. However, it had upheld a previous order, directing the organisers to ensure safety measures in order to avoid grievious injuries and to not allow children below the age of 14 years to participate.
The legal battle to regulate the Dahi Handi festival, began in the year 2014, when social activist Swati Patil, filed a public interest litigation in the High Court. After several rounds of replies and suggestions, The High Court had on August 11, 2014, ordered that the height of human pyramids should not exceed 20 feet and that children below the age of 18 should not be allowed to participate. This order was challenged in the Supreme Court, by the Maharashtra Government, which refused to grant relief and upheld the High Court order, the same year.
Patil said "In the year 2016, the government again filed a review petition, seeking to modify the order, citing that it had taken several measures to ensure safety of govindas and thus the height cap should be relaxed." The apex court withouth deciding it sent back the case to the Bombay High Court, for hearing it afresh. Following which on August 7, 2017, the high court refused to cap the height of the Dahi Handi. It even rejected arguments of safety of participants which was considered by an earlier bench of the high court, to cap the height and age, of govindas, by saying ""Accidents can happen anywhere, the majority occur in toilets, can we regulate all of them. Every day, while taking selfies, people fall from high rises or hill tops; can we regulate them?"
The State government had then assured the court that it would abide by the statutory provisions laid down under the Child and Adolescent (Prohibition and Regulation) Act, 1986, which prevents children below the age of 14 years from being employed in any occupation including, 'Dahi Handi'. It also accepted the statement of the Dahi Handi Utsav Samanvay Samiti, headed by Mumbai BJP president Ashish Shelar, told the court that it would give an insurance cover of Rs 10 lakh to 'govindas' to help them if they meet with any untoward incident.
GOVT MEASURES
- A 2015, Government resolution of the government states that Dahi Handi is an adventure sport and minor children are allowed, if they provide a letter of approval from their parents to the organisers.
- The state government has directed that organisers, will have to provide, Chest Guards, Helmets, Safety belt, to the participants. Details of the members will have to be notified with the local police station. No children below 14 years will participate. The organiser will also spread out mattress around the human pyramid, to ensure safety of any participant falling.
IN THE PAST
2014
PIL, filed by Swati Patil, seeking directions for Dahi Handi organisers to restrict the layers to five and in case of injuries or casualties in high-rise Handis, the organisers should face penal action; to restrict children below 18 yrs to participate; to ensure safety measures for participants
AUGUST 14, 2014
High Court, caps the height of human pyramids to 20 feet and restricts entry of participants below 18 years of age
NOVEMBER 30, 2014
The Supreme Court, refused to relax conditions put by the High Court like barring youth below 18 years of age from participating in Dahi-Handi festival in Maharashtra and capping the height of the human pyramid at 20 feet
AUGUST 1, 2017
SC referred the case back to the High Court to be heard afresh, after the Maharashtra government had sought to modify the order restricting height of human pyramids and age of participants, stating it had put in place a detailed safety mechanism
AUGUST 7, 2017
Bombay HC refused to encroach upon legislative powers and left it for State to regulate Dahi Handi festival. However, it upheld a previous order, directing organisers to ensure safety measures are in place, to avoid grievious injuries to the participants and not allow children below the age of 14 years to participate
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The State government had then assured the court that it would abide by the statutory provisions laid down under the Child and Adolescent (Prohibition and Regulation) Act, 1986, which prevents children below the age of 14 years from being employed in any occupation including, 'Dahi Handi'. It also accepted the statement of the Dahi Handi Utsav Samanvay Samiti, headed by Mumbai BJP president Ashish Shelar, told the court that it would give an insurance cover of Rs 10 lakh to 'govindas' to help them if they meet with any untoward incident.
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