While pulling back no punches in hitting out strongly against the celebration of festivals on public roads, the Bombay High Court in a most learned, laudable, landmark and latest judgment titled Sachin D Basare v/s State of Maharashtra & Ors in Writ Petition No. 10919 of 2023 that was pronounced as recently as on September 6, 2023 in the exercise of its civil appellate jurisdiction 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. It must be noted that a Division Bench comprising of Hon’ble Mr Justice Sunil B Shukre and Hon’ble Mr Justice Firdosh Pheroze Pooniwalla also raised its serious concerns and reservations about the manner in which the policy regulating the celebration of the ‘Dahi Handi’ festival had been framed. Of course, the ‘Dahi Handi’ 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.

It would be in the fitness of things to disclose here that the Bombay High Court was hearing a petition that had been filed by Sagar Basare who is a member of the Shiv Sena (Uddhav Bal Thackeray) group who had challenged an order of the local civic authority that had refused permission to Uddhav group to celebrate the 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 Uddhav Bal Thackeray faction was denied permission. The Court directed the Kalyan city police to grant their no objection to Basare for hosting the festival at some alternative location of Kalyan immediately and disposed of the petition.

On a personal note, I must disclose here that my very best friend Sageer Khan whom I met in Mackronia locality in Sagar in Madhya Pradesh in April 1993 while he was doing his graduation and I was also doing my BSc and we both were staying in different room in the same rented building always said underscoring rightly, robustly and rationally that:
I am deadly against performing any religious rite on road and I will prefer not to offer namaz at all rather than offering it on road and disturbing the other person from going across to some place like hospital or shop or office or any other place where he/she wants to go urgently to perform his/her essential job but is prevented and delayed inordinately because of me and people of my religion offering namaz on roads.

Frankly speaking, I never till Sageer Khan said this to me had ever even thought about all this. I therefore must in all fairness give full credit to my most dear friend Sageer Khan for really educating me on not performing no matter what the religious celebration or rituals on roads senselessly at the heavy cost of disturbing others. More than 30 years later now Bombay High Court too has also reiterated rightly what my very best friend Sageer Khan said to me in Sagar in 1993.

At the very outset, this brief, brilliant, bold and balanced judgment authored by a Division Bench comprising of Hon’ble Mr Justice Sunil B Shukre and Hon’ble Mr Justice Firdosh Pheroze Pooniwalla of Bombay High Court sets the ball in motion by first and foremost putting forth in para 1 that:
Heard learned Sr. Counsel for the Police Department, learned Counsel for the Corporation, learned AGP for the State and also learned Counsel for the Petitioners.

As we see, the Division Bench then discloses in para 2 of this robust judgment that:
We find that the solution provided by the Police Department, which is in the nature of alternate venues to be selected by the Petitioner to celebrate the Dahi Handi Festival, has found favour with the Petitioner.

While elaborating further on it, the Division Bench then also discloses aptly in para 3 of this remarkable judgment observing that:
Alternate venues have been suggested in the rough sketch of Chhatrapati Shivaji Maharaj Chowk, which is tendered across the bar by the learned Sr. Advocate for the State. Same is taken on record and marked as ‘A’ for identification. Alternate venues are marked in the shape of rectangle in green colour. One alternate venue is between Hotel Gurudev and Hotel Kuba and the other alternate venue is near Shankarrao Chowk. Out of these two venues, the learned Counsel for the Petitioner, on instructions, submits that the Petitioner would select the venue situated between Hotel Gurudev and Hotel Kuba.

As a corollary, the Division Bench then further directs the Police Department as stated in para 4 of this noteworthy judgment that:
With such solution having been found out, which has been accepted by the Petitioner, we direct the Police Department to grant its NOC for hosting Dahi Handi Festival and organizing related events at the said alternate venue situated between Hotel Gurudev and Hotel Kuba, forthwith.

What’s more, the Division Bench then further directs the Corporation as specified in para 5 stating that:
We further direct the Corporation to grant necessary permission for hosting all the events relating to celebration of Dahi Handi Festival to the Petitioner at the said alternate venue latest by 5.00 p.m today, provided the required NOCs are produced by the Petitioner before the Corporation. The permission shall be so granted by the Corporation subject to usual conditions and it shall be done on the basis of the application already pending with the Corporation.

Most significantly, most commendably, most forthrightly and most remarkably, the Division Bench then minces just no words to state in no uncertain terms in para 6 that:
As regards the celebration of Dahi Handi Festival, 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. 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.

Added to this, we face 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. 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. The Policy makers would also have to consider the issue pertaining to imposing of additional conditions for limiting the number of participants in such events. The policy makers would also have to think of identifying the time slots within which such festivals be celebrated by different groups at the same venue. Needless to say, such a policy would also have to cast duty on the organizers to restore the venues to their original condition, after the event is over. 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 near by localities and also reducing traffic congestion at such venues on the other hand.

In addition, it is worth noting that the Division Bench then hastens to add succinctly in para 7 of this most commendable judgment holding on a positive note that:
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.

Finally, it would be worthwhile to mention that in the concluding part, the Division Bench concludes by directing in para 8 of this courageous judgment that:
Petition is disposed of in the above terms. No costs. Parties to act on an authenticated copy of this order.

In conclusion, it is high time and Centre too now must act and enact laws in this regard banning celebrations of festivals on public roads all over India. What Bombay High Court has held in this notable judgment is applicable only in Maharashtra but definitely the Court is right in urging policymakers to revisit rules that allowed the grant of permissions to celebrate festivals on public roads. There can be no gainsaying that the time is definitely ripe now to initiate the requisite changes as suggested so very sagaciously by the Bombay High Court in this leading judgment! No denying it!

Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh