This is an archive article published on November 25, 2014
Why allow kids in Muharram processions, HC asks state
Muharram marks the anniversary of the battle of Karbala in which Imam Hussein ibn Ali, the grandson of Prophet Muhammad, was killed.
Written by Aamir Khan
Mumbai | November 25, 2014 02:47 AM IST
2 min read
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Calling it a “very serious issue”, the Bombay High Court (HC) Monday expressed concern over participation of children during the mourning processions of Muharram and asked the state why it was not doing anything to restrain children below 18 years.
“It is a very serious issue. Why are children below the age 18 years allowed to participate? Photographs show that two-three year-old children participate,” remarked Justices V M Kanade and Anuja Prabhudessai.
Muharram marks the anniversary of the battle of Karbala in which Imam Hussein ibn Ali, the grandson of Prophet Muhammad, was killed. Family members accompanying Hussein ibn Ali were also killed or subjected to humiliation.
A public interest litigation (PIL) has sought HC’s directions to the state for restraining children from participation, stating they were slashed with sharp objects and knives during the mourning.
According to the PIL, on the concluding day of Muharram, Chehlum, which is on December 14, there would be more “disturbing” scenes on the streets this year.
The PIL also states that use of objects like knives and blades might lead to infections to both children and adults as the same objects are used passed on from one person to another.
The petitioner, activist Faisal Banaraswala, through his lawyer Dr Gunratan Sadavarte, told the HC that participants who inflict bodily injuries on themselves and children in the name of mourning were “bad in law”.
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The petition said it did not oppose any freedom of religion, but only the act, which led to wounding of the human body, on the grounds of “health, public order, morality and provisions of the Constitution for social welfare”.
Describing the ritual as “horrible” and “unbearable” to observe, the petition states that the processions are carried out in Imam Bada, Abbas Chowk, Bhendi Bazaar and several other areas during the 40-day period of mourning.
“All this takes place in public in the presence of police personnel, including security agencies of the state machinery,” the PIL claimed.
Sadavarte, therefore, sought a direction to the state government for restraining participants from inflicting injuries to children and themselves.
The HC has asked the public prosecutor to file a reply on November 28.
Aamir Khan is the Head-Legal Project for Indian Express Digital, based in New Delhi. With over 14 years of professional experience, Aamir's background as a legal professional and a veteran journalist allows him to bridge the gap between complex judicial proceedings and public understanding.
Expertise
Specialized Legal Authority: Aamir holds an LLB from CCS University, providing him with the formal legal training necessary to analyze constitutional matters, statutes, and judicial precedents with technical accuracy.
Experience
Press Trust of India (PTI): Served as News Editor, where he exercised final editorial judgment on legal stories emerging from the Supreme Court of India and various High Courts for the nation's primary news wire.
Bar and Bench: As Associate Editor, he led the vanguard of long-form legal journalism, conducting exclusive interviews and producing deep-dive investigative series on the most pressing legal issues of the day.
Foundational Reporting: His expertise is built on years of "boots-on-the-ground" reporting for The Indian Express (Print) and The Times of India, covering the legal beats in the high-intensity hubs of Mumbai and Delhi.
Multidisciplinary Academic Background: * LLB, CCS University.
PG Diploma in Journalism (New Media), Asian College of Journalism (ACJ), Chennai.
BSc in Life Sciences and Chemistry, Christ College, Bangalore—an asset for reporting on environmental law, patent litigation, and forensic evidence. ... Read More