Celebrate the festival with joy but adhere to laws as well. “Bura Na Mano Holi Hai” is not a legal excuse!
‘Holi‘, is the festival of colours, joy and togetherness is celebrated with great energy across India. While the atmosphere is full of gulaal, happiness and fun, many people knowingly or unknowingly break laws, leading to arrests, fines or legal troubles.
From throwing balloons without consent to playing loud music, from drinking alcohol to wasting water- everything is penalised under Indian laws. So, while you’re celebrating this festival with fun and joy, it is also important to know about the do’s and don’ts of the Holi and ensure your safety and protection of legal rights.
Throwing Colours or Water Balloons Without Consent
While the festival is all about colours, you cannot force someone to participate! Indian laws are clear on this, you cannot force anyone to play Holi with you. Even if you try to do so in the name of “bura naa mano holi hai”, you can be punished for assault, harassment or criminal force.
Legal provisions that come into play are as follows:
- If someone forcefully applies colour, throws a water balloon, or shoves another person during Holi without consent, they can face up to 3 months in jail or a fine of Rs. 500 under Section 352 IPC (Assault or Use of Criminal Force) while under BNS Section 131, the fine amount is increased to 1000 rupees.
- If any woman is targeted or faces an act insulting or offensive, then the accused can be jailed for 1 year under Section 509 IPC (Insulting Modesty of Women) while under BNS Section 79 the punishment is up to 3 years of imprisonment.
- Taking Holi as an excuse for inappropriate behaviour, unwanted touching, or harassment, can land you with a punishment of up to 5 years in jail under Section 354 IPC (Outraging Modesty of a Woman) while now punishable under BNS Section 74.
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Loud Music and DJ
We understand that Holi parties are incomplete without, Dhols and DJs, but playing it day and night is illegal! And here are the laws guarding it;
- No loudspeakers or music can be played after 10 PM and also the decibel levels must be within limits. It is mentioned in The Noise Pollution (Regulation and Control) Rules, 2000.
- Causing public nuisance through loud noise, blocking roads or excessive crowding can lead to fine or imprisonment under Section 268 IPC and Section 290 IPC (now, Section 270 BNS).
- Not only this, but the local authorities can also take action against you and even seize sound systems if public peace is disrupted under section Section 133 CrPC (now, Section 152 BNSS).
- Many cities like, Delhi, Mumbai and Bangalore restrict public with “NO DJ midnight” during Holi.
Drunk Driving and Consumption Of Bhang
Drinking Bhang and alcohol during Holi is a common tradition but driving under the influence is a serious issue. Legal provisions here that can land you in trouble are as follows;
- Drunk driving could result in a Rs.10,000 fine or imprisonment of up to 6 months or both (for first-time offenders) and Rs. 50,000 fine or imprisonment of up to 2 years or both (for second or subsequent offenders) under Section 185 of the Motor Vehicles Act, 1988.
- Earlier, for rash and reckless driving, Section 279 IPC specifies punishment as 6 months of jail or a fine. Now, under BNS, Section 281 for punishment is up to 6 months in jail or a fine of ₹1,000 or both.
- Consuming bhang or drugs on Holi can land you in trouble with Narcotic Drugs and Psychotropic Substances Act, 1985. Selling or consuming synthetic bhang or laced intoxicants could lead to arrest under the law. For illegal possession of narcotics in small quantity, imprisonment is up to 1 year or fine up to Rs. 10,000, or both. For commercial quantity, the imprisonment is upto10–20 years and fine up to Rs. 2 lakh.
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Environmental and Property Damage
No matter how much we enjoy playing with chemical-based colours on Holi and using water. It is leading to wastage and environmental damage which is punishable under the Indian laws.
- The Environment Protection Act, 1986 immediately comes into the picture as it bans the chemical colours containing lead and mercury.
- Wasting excessive water can attract legal penalties under The Water (Prevention and Control of Pollution) Act, 1974.
- While enjoying, people forget that applying color or throwing water on animals or birds is also a punishable offense under Prevention of Cruelty to Animals Act, 1960
- Forest Act 1927 bars from cutting trees for Holika Dahan without permission.
- People often burns rubber, plastic or harmful chemicals during Holika Dahan, but it can lead to heavy fines under The Air (Prevention and Control of Pollution) Act, 1981.
- Prevention of Damage to Public Property Act, 1984 punishes with arrest and fines for throwing colours on government buildings, metro stations, or monuments.
State Specific Restrictions on Holi
Many states and Cities impose strict guidelines during the Holi to maintain peace. Like in Delhi, there is a restriction on Holi gathering after 10 PM and police can take strict action for eve-teasing and harassment. In Mumbai, there is a ban on DJ music after midnight and increased police patrolling in beaches and public places. In UP & Bihar, there is a ban on carrying weapons or firecrackers during Holi.
CONCLUSION
Although Holi is the festival of colours and joy. It can be celebrated with responsibility and abiding laws. Breaking laws can lead to big and unnecessary troubles.
So, take permission before applying colours, avoid loud music, don’t drink and drive and celebrate an eco-friendly Holi.
Play safe, respect the law, and have a Happy Holi!
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