Bombay High Court seeks state reply on Moharrum rituals circular

Mumbai: The Bombay high court while hearing a petition that sought stopping of self-flagellation by children in Moharrum processions has asked the state whether a circular issued by the Mumbai police outlining measures that include ensuring children do not do flagellation and entire procession is videographed can be circulated across the entire state. The court has posted the case for hearing in January.

The division bench of Juctice Oka was hearing a public interest litigation filed by Faisal Banaraswala wherein he has sought a ban on participation of children in the Moharrum processions taken out to commemorate the martyrdom of Imam Hussain, the grandson of Prophet Mohammad in Karbala. The petition had prayed that while the men participating the procession flagellated themselves with sharp objects to mourn the killing of Imam Hussain, children should be banned from doing it.  

The bench was informed that in December 2014, the city police had issued a circular on steps to be taken during the ritualistic processions wherein senior officials of the police stations concerned were asked to hold meetings with Mohalla Committees prior to Moharrum. The meetings were to ensure that children do not participate in the ritual, no sharp weapons are used and there is videography of the entire procession.

After hearing the same, Justice Oka sought to know if the circular could be implemented in entire Maharashtra and posted the petition for further hearing in January 2017.

In 2015, when the petition had come up for hearing, more than 50 persons opposing the petition had requested to be included as interveners. The division bench of Justice V.M. Kanade that was hearing the case 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.”