Time to revisit policies that allow celebration of festivals on public roads: Bombay High Court

The Bombay High Court on Wednesday urged civic authorities and policymakers to revisit existing policies that regulate festivals so as to reconsider whether permissions should be granted to celebrate festivals on public roads. [Sachin D. Basare v. State of Maharashtra & Ors.].A division bench of Justices Sunil B Shukre and Firdosh Pheroze Pooniwalla also raised concerns about the manner in which the policy for regulating the celebration of the ‘Dahi Handi’ festival had been framed. The festival involves forming a human pyramid to break an earthen pot (handi) located at a height filled with butter or curd (dahi) and is largely celebrated in the States of Maharashtra, Goa and Gujarat. .The division bench opined that the present policy did not take into account the inconvenience and traffic congestion that may be caused when groups are allowed to celebrate the Dahi Handi festival in public streets and squares. "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 Court observed. .The Court also advised policy makers to consider imposing additional conditions while granting permissions like putting a limit on the participants and identifying time slots within which celebrations can take place.The bench further suggested that authorities should cast a duty on the event organisers to restore venues to their original condition after the event is over..The bench expressed hope that if a policy is reframed or modified to incorporate all these considerations, it could strike a balance between the expression of religious sentiments and protecting the larger public interest by reducing the inconvenience to the road users and the residents of nearby localities..It also observed that traditions and cultural practices should evolve with changing times and city demographics. “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 bench underscored..The Court was hearing a petition filed by Sagar Basare, a member of the Shiv Sena (UBT) group challenging an order of the local civic authority refusing permission to celebrate Dahi Handi at a specific location in Kalyan city of Thane district in Maharashtra. They claimed that the Eknath Shinde-led group of Shiv Sena had been granted permission for the same spot, while the UBT faction was denied permission.The Court directed the Kalyan city police to grant their no objection to Basare for hosting the festival at some alternate location of Kalyan immediately and disposed of the petition..Advocates Siddhi Bhosale and Jayesh Wani appeared for Basare. Senior Advocate AY Sakhare with additional government pleader Bhupesh Samant appeared for the State..[Read order]