The Bombay High Court has expressed significant concerns over the manner in which festivals like ‘Dahi Handi’ are celebrated on public roads and squares in Maharashtra. The court has urged the state government to review its existing policies, emphasizing the need to strike a balance between cultural celebrations and public convenience.
A division bench comprising Justices Sunil B Shukre and Firdosh Pheroze Pooniwalla highlighted the potential inconvenience and traffic congestion caused by such celebrations. They remarked,
“The policy makers would have to ask a question to themselves as to whether or not permission should be given to celebrate the festivals at public squares and in public streets, where huge crowds/groups are expected to visit to take part in the celebrations. The policy makers would have to also think as to whether or not such celebrations should be perforce shifted to open spaces and public grounds.
The bench further observed that cultural practices and traditions should evolve in tandem with changing times and city demographics. They noted,
“We are witness to the great influx of migrants to this city and also the inherent increase in the population of Mumbai. We have also seen that the capacity of the public roads and public amenities has not increased in proportion to the increase in the population and its density. Therefore, now the time has come for the authorities and for the policymakers to revisit the policy already framed to regulate such festivals.”
The court’s observations came during the hearing of a petition filed by Sagar Basare, a member of the Shiv Sena (UBT) group. The petitioner challenged an order by the local civic authority that denied permission to celebrate Dahi Handi at a specific location in Kalyan city of Thane district. The petitioner alleged that while the Eknath Shinde-led faction of Shiv Sena received permission for the same spot, the UBT faction was denied.
The bench directed the Kalyan city police to grant a no-objection certificate to Basare for hosting the festival at an alternate location in Kalyan. The petition was subsequently disposed of.
The court concluded with the hope that a revised policy, which effectively regulates such festivals while considering public interest and convenience, would be implemented by the concerned authorities in the coming year.
