Muharram: Will you keep children away from procession, Bombay High Court asks Maharashtra government
The participation of children in Muharram procession has been a concern for social activists. Mumbai police showed a way out two years ago. Now, Bombay High Court has asked the Maharashtra government whether it will implement the same arrangement across the state.
In Short
- Bombay High Court issues notice to Maharshtra government over Muharram.
- The court asks if it will ban participation of children in procession.
- A PIL was filed in this regard in 2014.
A division bench of the Bomaby High Court headed by Justice Abhay Oka on Thursday sought to know from Maharashtra government if the circular issued by Mumbai police two years ago can be implemented across the state preventing participation of children in Muharram procession.
The Bombay High Court asked this question while hearing a public interest litigation by activist Faisal Banaraswala. The plea seeks a ban on participation of children in the ritual.
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In 2014 Mumbai police had issued a circular to ensure that children did not take part in Muharram procession.
THE 2014 EXPERIMENT
The senior officials of concerned police stations had been asked to hold meetings with Mohalla Committees ahead of Muharram.
The officials had to make sure in coordination with the committee that children stayed away from the procession, no sharp weapons were used and videography of the entire procession was done.
Muharram marks the anniversary of the battle of Karbala in which Imam Hussain, the grandson of Prophet Muhammad, attained martyrdom. To mourn his death, participants flagellate themselves with sharp objects, causing severe injuries at times.
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THE PIL AND BOMBAY HIGH COURT
Faisal had filed this petition in 2014. It was opposed by various organisations and individuals after which the division bench of Justice V M Kanade and Justice Revati Mohite Dere had disposed of the petition.
The bench had then said, "We are of the view that since there is serious apprehension in the minds of the interveners about the best interest of the petitioner in this PIL, we would like to take suo motu cognizance of this issue since it concerns the rights of children and therefore, we do not propose to pass any orders on the PIL and the PIL is, therefore, disposed of."
The Bombay High Court took up the case on its own in 2015.
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MUMBAI POLICE SHOWED THE WAY
In an affidavit, the Mumbai police told the court that they had managed to convince the organisers of the processions to keep children away.
In 2014, Mumbai police booked nine persons for inflicting grievous self-injuries under under section 33(n) r/w 135 of the Maharashtra Police Act.
For the last two years, the Mumbai police have enforced the same circular quite successfully. Now, the Maharashtra government has to file an answer in the Bombay High Court in January explaining whether it is ready to implement the same circular across the state.