Bombay HC Urges Civic Authorities To Rethink Policies Allowing Dahi Handi Festival On Public Roads
The Bombay High Court recently while dealing with a Writ Petition, filed by a member of the Shiv Sena (UBT) group seeking permission to celebrate the Dahi Handi Festival on the roads of Mumbai, directed the civic authorities and policymakers to consider enacting a modified policy governing the celebration of festivals on public roads.
In its order, the Division Bench of Justice Sunil B. Shukre and Justice Firdosh P. Pooniwalla stated, "We would like to place on record our concern about the manner in which the policy regulating celebration of such festivals has been framed. The Policy, in our considered view, does not take into account the inconvenience and traffic congestion that may result on account of granting permissions to various groups which celebrate Dahi Handi Festival in public streets and public squares of Mumbai."
Advocates Siddhi Bhosale along with Advocate Jayesh Wani appeared for the Petitioner while Senior Advocate AY Sakhare along with the Additional Government Pleader Bhupesh Samant appeared for the Respondent State.
Emphasizing the significant influx of migrants into Mumbai and the concurrent rise in population density across most of its areas while the capacity of public roads and amenities remains stagnant in proportion to the population growth, the Bench stated, "Therefore, now the time has come for the authorities and for the policy makers to revisit the policy already framed to regulate such festivals. 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."
However, in the Petition considering the solution provided by the Police Department which was in the nature of alternate venues to be selected by the Petitioner, the Court directed the Police Department to grant its NOC for hosting the Dahi Handi Festival and organizing related events at the said alternate venue. The Court also directed the Municipal Corporation to grant necessary permission to host all the events relating to the celebration of the Dahi Handi Festival.
With this, the Court urged the Policymakers to consider imposing additional conditions to limit the number of participants in such events. The Court stated that Policymakers should also explore scheduling time slots for various groups to celebrate festivals at the same venue. Furthermore, the Court also opined that the organizers must be obligated to restore venues to their original condition after the event.
The Bench in its order stated that by reevaluating and modifying the policy to encompass these aspects, a better balance can be achieved between the public expression of religious sentiments and the protection of the larger public interest, including minimizing inconvenience to road users, nearby residents, and reducing traffic congestion at such venues.
"We hope that, from next year onwards, a modified policy regulating such festivals in a more effective way, by taking into consideration the suggestions given herein above, would be put in place by the concerned authorities", read the Order.
Cause Title: Sachin D. Basare v. State of Maharashtra & Others [WRIT PETITION NO.10919 OF 2023]
