Child rights panel bans use of Govindas below 12 yrs of age

Dahi Handi is celebrated on Janmashtami every year and involves Govindas, who are mainly little boys who stand on each other’s shoulders in a pyramid and try to break dahi handis.

The commission’s order came on a complaint filed by a Sakinaka resident, Pawan Kumar Pathak, who said children were being used for commercial purposes in the name of breaking handis without any safety measures.

A report submitted by the police to MSCPCR said concerns raised by the complainant were valid. Recommending strict action against mandals that use children and parents who allow their participation, the report called for a ban on the practice, a view backed by the district collector of Mumbai city.

The commission’s order says that under the civil laws, no consent can be termed as a free consent if given by someone below 18 years of age. “… a child below 12 has no mental capacity to determine what’s right or wrong. Therefore, people who use or allow such children to participate in these dangerous programmes are criminally liable,” says the order.

The commission has said that section 23 (dealing with quantum of punishment in cases of violation of children’s rights) of the Juvenile Justice Act could be applied against parents and organisers in such cases. Offering prize for participation amounts to allurement and attracts provisions of criminal laws, it says.

Stating that stringent regulations are needed to protect children from such activities, the order asks law enforcing agencies to frame and implement detailed guidelines for safety of children above the age of 12 and below the age of 16, who are used for breaking handis after a certain height.
mihika.basu@expressindia.com