A public interest litigation seeking an end to the practice of self-flagellation and infliction of injuries on children during Moharram processions has been disposed of by the Bombay High Court. But who were the people behind the PIL? Though the petitioners are two Sunnis – Faisal Banarasiwalla and Abdul Qureishi – reliable reports say the petition was the “brainchild of a small group of Shias”.
Disposing of the PIL, the High Court has allowed the final procession of Moharram to be held as scheduled on December 14. Yet, the petitioners’ advocate Gunratan Sadavarte described the court decision as a victory.
Sadavarte pointed out that the court has directed that the procession be video recorded. Secondly, the police have produced a list of 24 First Information Reports against the participants of such processions over the last five weeks and fined each Rs 1,200 under Section 33 (n), read with Section 135, of the Bombay Police Act. Curiously, while the section deals with prevention of annoyance to people by prohibiting noisy instruments, the FIR says the fine was for harming themselves during maatam (the ritualistic mourning that is a part of the procession).
Finally, Sadavarte said, the court has converted his clients’ petition into a suo moto public interest litigation. “We have achieved our goal, he concluded. “Now that the court is monitoring the participation of children in these processions, we are satisfied.”
Attempts to meet the petitioners came to naught.
Long history
The PIL was filed on November 24 and immediately provoked the wrath of the Shia community, who noted that children have been part of Moharram maatam processions since the last 1,400 years.
In these processions, men flagellate their bare backs and even heads with swords and curved knives hanging from chains till they bleed. The ritual marks the martyrdom of Imam Hussein Ali, the grandson of Prophet Mohammed, on the battlefield of Karbala.
Videos of such processions in Mumbai, available on YouTube, show children as young as eight years, flagellating themselves with smaller swords and knives. One video from Dongri, which is a Shia stronghold, shows a bewildered four-year-old and a babe in arms being administered a cut on his head.
“Which parent would want their children to be harmed?” asked advocate Abbas Kazmi. “These are just symbolic cuts. There has never been any infection, let alone any serious injury in these processions. We indulge in this as a matter of faith. Don’t some Hindus pierce their cheeks with metal rods? Don’t Christians re-enact Christ’s crucifixion? Our children grow up seeing this. It comes naturally to them.”
Strong reaction
Businessman Safdar Karmali said boys as small as four “participate [in the procession] on their own. We don’t force them, we don’t train them.”
Advocate Farhana Shah, who was born a Shia but became a Sunni after her marriage, revealed that her brothers had been indulging in self-flagellation in Moharram processions since they were 10. “Though the organisers keep first aid handy, we have never needed it,” she said. “After one person uses a sword, it is washed with rose water before being used by another.”
While the High Court declined to interfere in the religious practice, it appealed to community leaders to consider not letting children participate. It has adjourned the matter to January 13 and asked the community to appoint a Shia lawyer who could assist the court “in a dispassionate manner”.
The Shias claim this is their victory. Had the court acted on the Sunnis’ petition, there would have been a strong reaction, they say. But by having taken the issue upon itself, it has ensured that no one will object to its decision, since “the court has no religion,” said Advocate Shah.
Growing concern
When this reporter visited petitioner Abdul Qureishi’s home, it was locked and his neighbours said they did not know where “the maulana” had gone.
Sources say a small group of Shias who hold prominent positions in the community have propped up the two Sunni petitioners. Afraid of confronting their community, these Shias decided to remain in the background. Worried about the growing participation of children in maatams – where the children imitate the adults around them and compete with one another in self-flagellation – they felt that only the court could put an end to this practice.
Shias admit that the video recording ordered by the court might prevent some parents from allowing their children to participate in the more violent forms of maatam. If that happens, those behind the petition would have succeeded.
Disposing of the PIL, the High Court has allowed the final procession of Moharram to be held as scheduled on December 14. Yet, the petitioners’ advocate Gunratan Sadavarte described the court decision as a victory.
Sadavarte pointed out that the court has directed that the procession be video recorded. Secondly, the police have produced a list of 24 First Information Reports against the participants of such processions over the last five weeks and fined each Rs 1,200 under Section 33 (n), read with Section 135, of the Bombay Police Act. Curiously, while the section deals with prevention of annoyance to people by prohibiting noisy instruments, the FIR says the fine was for harming themselves during maatam (the ritualistic mourning that is a part of the procession).
Finally, Sadavarte said, the court has converted his clients’ petition into a suo moto public interest litigation. “We have achieved our goal, he concluded. “Now that the court is monitoring the participation of children in these processions, we are satisfied.”
Attempts to meet the petitioners came to naught.
Long history
The PIL was filed on November 24 and immediately provoked the wrath of the Shia community, who noted that children have been part of Moharram maatam processions since the last 1,400 years.
In these processions, men flagellate their bare backs and even heads with swords and curved knives hanging from chains till they bleed. The ritual marks the martyrdom of Imam Hussein Ali, the grandson of Prophet Mohammed, on the battlefield of Karbala.
Videos of such processions in Mumbai, available on YouTube, show children as young as eight years, flagellating themselves with smaller swords and knives. One video from Dongri, which is a Shia stronghold, shows a bewildered four-year-old and a babe in arms being administered a cut on his head.
“Which parent would want their children to be harmed?” asked advocate Abbas Kazmi. “These are just symbolic cuts. There has never been any infection, let alone any serious injury in these processions. We indulge in this as a matter of faith. Don’t some Hindus pierce their cheeks with metal rods? Don’t Christians re-enact Christ’s crucifixion? Our children grow up seeing this. It comes naturally to them.”
Strong reaction
Businessman Safdar Karmali said boys as small as four “participate [in the procession] on their own. We don’t force them, we don’t train them.”
Advocate Farhana Shah, who was born a Shia but became a Sunni after her marriage, revealed that her brothers had been indulging in self-flagellation in Moharram processions since they were 10. “Though the organisers keep first aid handy, we have never needed it,” she said. “After one person uses a sword, it is washed with rose water before being used by another.”
While the High Court declined to interfere in the religious practice, it appealed to community leaders to consider not letting children participate. It has adjourned the matter to January 13 and asked the community to appoint a Shia lawyer who could assist the court “in a dispassionate manner”.
The Shias claim this is their victory. Had the court acted on the Sunnis’ petition, there would have been a strong reaction, they say. But by having taken the issue upon itself, it has ensured that no one will object to its decision, since “the court has no religion,” said Advocate Shah.
Growing concern
When this reporter visited petitioner Abdul Qureishi’s home, it was locked and his neighbours said they did not know where “the maulana” had gone.
Sources say a small group of Shias who hold prominent positions in the community have propped up the two Sunni petitioners. Afraid of confronting their community, these Shias decided to remain in the background. Worried about the growing participation of children in maatams – where the children imitate the adults around them and compete with one another in self-flagellation – they felt that only the court could put an end to this practice.
Shias admit that the video recording ordered by the court might prevent some parents from allowing their children to participate in the more violent forms of maatam. If that happens, those behind the petition would have succeeded.
Limited-time offer: Big stories, small price. Keep independent media alive. Become a Scroll member today!
Our journalism is for everyone. But you can get special privileges by buying an annual Scroll Membership. Sign up today!