HC accepts 14-yr age limit, says not clear if Lord Krishna existed

MUMBAI: Remarking that “an accident could take place anywhere, even in one’s own home or the toilet”, and that the courts needn’t issue regulations for “everything”, the Bombay high court on Monday refused to issue directions regulating the age of participants and the height limit for the human pyramids formed during Dahi Handi celebrations.

A bench of justice BR Gavai and justice MS Karnik accepted the Maharashtra government’s statement that children below 14 years of age will not be permitted to participate in the event.

The bench dismissed the petitioners’ arguments advocating such restrictions to prevent accidents and questioned the premise of their prayer seeking that the height be restricted to 10-20 feet. When one petitioner claimed that 10 feet was the ideal height, for not only would it be safe but that it was also the height of the “pyramid Lord Krishna built at home”, justice Gavai said, “It wasn’t even clear if Lord Krishna existed in the first place.”

The court remarked it could not interfere with matters of the state legislature and that it could at best only examine whether the state’s rules were in consonance with the constitutional rights to life and liberty. “If there is no incongruity with Articles 14 and 21, we cannot interfere… Besides, events similar to Dahi Handi take place worldwide and accidents also take place. Every day we hear of people falling to their deaths from hilltops, buildings, etc., while taking selfies, can we issue guidelines for regulating selfies?” said justice Gavai.

The bench was hearing two PILs seeking implementation of a 2014 order of HC prohibiting those below 18 years from participating in human pyramids. Additional solicitor general Tushar Mehta submitted that the age of participants was a matter of state legislature and did not warrant a judicial order. He also said since Maharashtra had notified Dahi Handi as an “adventure sport”, the participants’ age will automatically be restricted to 14 years and above in consonance with the Child Labour (Prohibition and Regulation) Act.