Court’s Remarks on Secular Spirit

The Bombay High Court has expressed that the removal of actor Dia Mirza’s video from the Brihanmumbai Municipal Corporation’s (BMC) eco-friendly Diwali campaign is “very unfortunate” and undermines the secular spirit of the nation. The division bench, comprising Justices GS Kulkarni and Dr Neela Gokhale, stated that no individual should be excluded from celebrating a festival and that environmental initiatives should not be perceived through a communal lens.

The judges remarked that the controversy stemmed from “some stray thought of one or two people” and described the interpretation of Mirza’s message as “very unfortunate.” This commentary came in the wake of a significant uproar in the state following the selective removal of the video, which occurred after objections were raised by a leader from the Bharatiya Janata Party (BJP) and comments made by Mumbai Mayor Ritu Tawde, who labelled Mirza as “anti-Hindu.”

Details of the Controversy

The BMC had launched a campaign encouraging citizens to avoid bursting firecrackers and to celebrate an environmentally friendly Diwali, in response to rising air pollution levels in Mumbai. As part of this initiative, several celebrities, including Dia Mirza, were featured in promotional videos. However, the video was taken down shortly after BJP Mumbai chief Ashwini Bhide stated that “we do not need lessons on how to celebrate Diwali” from Mirza.

Mayor Ritu Tawde subsequently accused the actor of consistently  siding with divisive forces and claimed that she had previously trolled Prime Minister Narendra Modi regarding the NEET exam issue. Tawde stated, “She has always been anti-Hindu. We have blacklisted her.” This series of remarks has intensified the debate surrounding the video’s removal.

The court asserted that the municipal commissioner had acted in accordance with the “proper spirit of constitutionalism” and emphasised that there was no justification for removing the video from social media platforms. The bench questioned the rationale behind objecting to an individual’s participation in an awareness campaign, reinforcing the notion that the country is secular.

Judicial Support for Environmental Awareness

The judges further noted that Mirza’s video conveyed a positive message regarding pollution awareness. They expressed concern that some individuals were discouraging citizens from adhering to the court’s orders, which aimed to promote public health and environmental responsibility. The bench stated, “There was nothing bad in it. But to give a colour to her message is very unfortunate.”

The judges called for the video to be reinstated, urging the BMC to restore public confidence in the campaign. They acknowledged the importance of community spirit and individual contributions to environmental awareness, stating that the focus should remain on collective health and safety.

In response to the controversy, Maharashtra Chief Minister Devendra Fadnavis described the issue as a “small matter” and indicated that he did not believe the high court had issued any strictures against the BMC. He suggested that the situation stemmed from those managing the social media account.

Political Reactions and Implications

The removal of the video has drawn criticism from opposition parties, while the ruling BJP has accused the BMC of selectively targeting Hindu festivals. Shiv Sena (UBT) spokesperson and former mayor Kishori Pednekar questioned whether the civic administration had become subservient to the BJP. BJP minister Nitesh Rane remarked that while Dia Mirza tweeted about Diwali, she did not offer similar advice during other festivals such as Eid or Bakri Eid.

This incident occurs against the backdrop of a previous high court ruling that imposed a complete ban on bursting firecrackers on the streets of Maharashtra throughout the year, highlighting the ongoing tension between environmental concerns and cultural practices.

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