A division bench of the Bombay High Court comprising Justice Sunil B Shukre and Justice Firdosh Pooniwala in its order on Wednesday asked civic authorities to revisit and consider its policy regarding permissions being granted for the celebration of festivals on public roads.
The division bench, with respect to Dahi Handi celebrations, raised concerns about the manner in which the policy regulating celebration of such festivals has been framed.
The bench said the policy 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 on public streets and in public squares of Mumbai.
The bench in its order said traditions and cultural practices must also evolve with changing time and changing demographics of the city.
“If it is contended by anybody that such celebrations are part of traditions, culture and social mores of the glorious city of Mumbai, the traditions and cultural practices must also evolve with changing time and changing demographics of the city. Today, we are witness to great influx of migrants to this city and also inherent increase in population of Mumbai,” the bench said.
The bench added that it’s a situation where there is increase in the density of population in most of the areas of Mumbai and at the same time, we have also seen that the capacity of the public roads and public amenities has not been increased in proportion to increase in the population and its density.
The high court emphasised that policy makers should consider whether permission should be granted to celebrate festivals in public streets.
“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 policymakers 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 policymakers would have to also think as to whether or not such celebrations should be perforce shifted to open spaces and public grounds,” the bench said.
Further, the order stated that the policymakers would also have to consider the issue pertaining to imposing of additional conditions for limiting the number of participants in such events. Additionally, they would also have to think of identifying the time slots within which such festivals be celebrated by different groups at the same venue.
The division bench also recorded that if policy is reframed, then there would be a balance between public expression of religious sentiments and larger public interest of reducing the inconvenience to road users.
“If the policy is re-framed or modified by taking into consideration all these aspects, we are of the view that there would be a proper balance struck between the need for public expression of religious sentiments on one hand and need for protecting larger public interest by reducing the inconvenience to the road users and the residents of nearby localities and also reducing traffic congestion at such venues on the other hand,” the bench said.
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