The Krishna Janmashtami-Dahi Handi celebrations in Mumbai is all set to be bigger this year with the Bombay High Court on Monday declining to take a call on the height of the human pyramids.
This year the festival falls on 15 August - coinciding with the 70th Independence Day celebrations.
However, a division bench of the Bombay High Court comprising Justice B R Gavai and Justice M S Karnik accepted the Maharashtra government's affidavit that kids below the age of 14 years would not take part in the human pyramid formation.
“Both issues fall exclusively in the domain of legislature. If we enter into this arena we will be infringing upon state’s domain,” said Justice Gavai.
During the festival, Govindas, as the participants or revellers are known, re-enact the myth of Lord Krishna stealing butter from a hanging pot, known as the Dahi-handi.
The Mumbai Metropolitan Region (MMR) that comprises of Mumbai and parts of Thane, Raigad and Palghar district - has around 800 to 1,000 Dahi-Handi or Govinda-Pathaks and it is a big festival - that sees participation by celebrities and also command good sponsorships and awards.
"The order of the court is important and it would help us celebrate the Dahi-Handi festivities in a better way," said Mumbai BJP president Ashish Shelar, who chairs the coordination committee of various associations and organisations those who conduct the Dahi-Handi festival.
Shelar also thanked Maharashtra chief minister Devendra Fadnavis, who also holds the home and law and judiciary portfolios, to giving personal attention to the issue and requesting additional solicitor general Tushar Mehta to appear in the Bombay High Court.
The top law officer told the court that as per the Child Labour (Prohibition and Regulation) Act, children below 14 years of age will not be allowed to participate in the festival since the government had in August last year declared 'Dahi Handi' as an adventure sport.
Last week, a bench of Supreme Court comprising Justice Kurian Joseph and Justice R Banumathi referred the plea of Maharashtra government seeking relaxation in 2014 order to High Court and asked it to grant a hearing on August 7.
The Supreme Court had on 17 August 2016, refused to relax conditions put by the Bombay High Court like barring youths below 18 years of age from participating in 'Dahi-Handi' festival in Maharashtra and capping the height of the human pyramid at 20 feet.In fact, it had upheld the 2014 Bombay High Court order on the height and age restrictions.
During the hearing on Monday, the bench felt that restrictions on height can be decided by the Maharashtra legislature. As far as the age is concerned, the court accepted the state government's undertaking that children below 14 years of age will not be allowed to participate in 'Dahi Handi' festival.
It is to be mentioned here that, last year, mandals protested in different ways and means and some even violated the height restrictions of 20 feet set by the Supreme Court for human pyramids for the Dahi Handi festival. Several revellers had sported black bands to protest against the height.