Janmashtami 2025: ‘No one’s obeying courts on Dahi Handi rules,’ says experts

This yearrsquos Govinda celebrations were marred by tragedy with 278 injuries mdash minor and serious mdash reported in Mumbai and its suburbs of which 29 required hospitalisation six sustained serious injuries and two people died not due to fall from human pyramid as per 24 hours BMC data between 8 am on Saturday and 8 am on SundayWhat began as a spirited cultural event ended as a grim reminder of the consequences of neglecting safety in the name of tradition Despite clear directives from the Supreme Court and High Court mdashmandating age and height restrictions to protect participants mdash lives were once again lostLegal professionals have expressed deep concern over the blatant disregard for these judicial safeguards which were established through painful past experiencesAdvocate Mohini PriyaMohini Priya advocate on record Supreme Court of India said the SCrsquos 2016 orders affirming the Bombay High Courtrsquos directions imposed critical restrictions on Dahi Handi including a 20foot pyramid height cap an age limit of 18 years mandatory safety gear like helmets and mats and organiser accountability These measures were rooted in Article 21 of the Constitution emphasising that cultural celebrations must never compromise human life or bodily integrityIn 2017 the Bombay High Court modified some restrictions The age limit was lowered to 14 and the height cap was removed mdash but only on the basis of the State of Maharashtrarsquos solemn undertakings These included mandatory insurance safety nets onsite medical teams and realtime monitoring through drones and CCTV cameras These conditions are binding under Article 141 of the constitution and any breach amounts to contempt of court said Mohini PriyaDespite a clear legal framework the state often defaults to exgratia payments following accidents especially involving minors As affirmed in Nilabati Behera Vs State of Orissa 1993 compensation for rights violations signals State liability mdash it cannot replace enforcement or justice When deaths recur annually despite judicial directions such payments become ritualistic reducing Article 21 to a reactive measure rather than a guarantee of dignity and safety Mohini Priya saidA structured compensation scheme linked to age and injury severity criminal liability under BNS Sections 106 and 125 for negligent organisers and state accountability are necessary Judicial oversight nodal officers for safety certification and annual compliance reporting are essential to prevent future tragedies she addedTragedy and exploitationAdvocate Godfrey PimentaldquoWhat began as a vibrant cultural tradition has become a grim reminder of what happens when safety is sacrificed for custom Political actors have exploited this event turning it into a contest for attention inflating prize money as elections approach and pushing human pyramids to dangerous heights of ten levelsrdquo said Advocate Godfrey Pimenta of Watchdog foundationSolicitor Stuti GaliyaldquoCourts rely on reasoned arguments but mass sentiment is driven by emotions identity and community pressure making legal enforcement very difficult Any order touching religion cultural practices or deeprooted beliefs becomes a flashpoint for unrest Social media accelerates outrage turning legal disputes into mass movements within hours Courts often pass strong judgments but implementation depends on state administrative authorities mdash police municipal bodies local administration mdash who frequently delay dilute or ignore directivesrdquo said Solicitor Stuti GaliyaAccording to Galiya this creates frustration among lawabiding citizens ldquoLawlessness rises when court orders lack universal acceptance political backing administrative will and timely enforcement Without visible penalties compliance becomes optional and defiance normalises mdash from small civic rules to major constitutional principlesrdquo she saidAdvocate Dhanpal JainldquoStop turning celebration into sacrifice mdash human lives are not entertainment Every year the reckless spectacle of tall Dahi Handis maims or kills young boys often minors in blatant violation of the law and basic human rights The Supreme Court has set clear limits mdash no minors no pyramids above 20 feet mdash yet organisers continue to defy these directives This is not culture it is criminal negligencerdquo said Advocate Dhanpal Jain who has been vocal about any form of exploitationSCrsquos 2016 orderbull No minors below 18 to be part of human pyramidsbull No pyramids over 20 feet