The Supreme Court will hear a plea, on 17 August, by the Maharashtra government seeking clarification on its 2014 order paving way for children above 12 years to participate in the formation of human pyramid in the ‘Dahi Handi’ festival during Janmashtami.
A bench of Justices AR Dave and L Nageswara Rao issued notice to the petitioner Swati Sayaji Patil, a social worker, who had filed a petition seeking initiation of contempt proceedings against the Maharashtra government in the high court for failure to comply with the HC order and sought her response by 17 August.
The Maharashtra government had approached the Supreme Court last week seeking a clarification on its 2014 order by which it had stayed the Bombay High Court decision, banning participation of those below 18-years of age in the popular ‘Dahi-Handi’ ritual.
The Bombay High Court had on 11 August, 2014 had directed the state government to issue a circular banning ‘govinda’ under the age of 18 from participating in the formation of human pyramids during the ‘Dahi-Handi’ festival, as well as restricting the height of the pyramids to 20 feet.
The state government contended that they were not bound by the 2014 direction of the high court, as the Supreme Court while staying the direction had not said anything on this aspect.
However, Bombay High court said its 2014 directions would remain in force since they have not been set aside by the apex court.
On this point, the high court asked the Maharashtra government to seek clarification from the Supreme Court.
Additional Solicitor General Tushar Mehta, appearing for the Maharashtra government, had said that the Janmashtmi festival was approaching and ‘Dahi-Handi’ is one of the most popular parts of it.
He told the bench comprising Justices AR Dave and L Nageswara Rao that a clarification was needed as to whether the stay on the high court verdict is still in operation in view of the fact that the judgement has not been quashed.
The high court had also asked the state government to amend the Bombay Police Act and the Maharashtra Police Act which define dangerous activities to include the human pyramid during Janmashtami, thereby making it a penal offence.
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