On 13th December, Rajasthan Police published a post on X (formerly Twitter) urging people not to participate in ‘Mrityu Bhoj’ and pointed out that it is a punishable offence. In the post, Rajasthan Police used the hashtag “MrityuBhojAct1960”.
मृत्यु भोज करना व उसमें शामिल होना कानूनन दंडनीय है।
— Rajasthan Police (@PoliceRajasthan) December 13, 2023
मानवीय दृष्टिकोण से भी यह आयोजन अनुचित है।
आइए मिलकर इस कुरूति को समाज से दूर करें, इसका विरोध करें।#RajasthanPolice#MrityuBhojAct1960 pic.twitter.com/3zP8DPIPrH
The post read, “Eating at death feast and participating in it is punishable by law. This event is inappropriate, even from a human point of view. Let us together remove this evil from the society and oppose it.”
The post was criticised by many netizens who found this rule a needless interference with the religious practices of Hindus. Author and columnist Anshul Pandey wrote, “Since when did the Mrityu Bhoj became Evil–Rituals? If these are Evil–Rituals, then laws should be made on such Rituals of other religions too, are you ready for that?”
मृत्यु भोज कुरीति कबसे हो गई? अगर ये कुरीति हैं तो फिर दुसरे धर्मों की कुरीतियों पर भी कानून बनाना चाहिए, क्या आप तैयार हैं इसकेलिए?
— Anshul Pandey (@Anshulspiritual) December 13, 2023
Since when did the Mrityu bhoj became Evil–Rituals? If these are Evil–Rituals, then laws should be made on such Rituals of other religions too,…
Founder of Garuda Prakashan, Sankrant Sanu said, “When did the job of the police become to fix “kuritis.” It’s not your business colonial babus. Catch some thieves.”
When did the job of the police become to fix “kuritis.” It’s not your business colonial babus. Catch some thieves.
— Sankrant Sanu सानु संक्रान्त ਸੰਕ੍ਰਾਂਤ ਸਾਨੁ (@sankrant) December 13, 2023
X user JIX5A said, “This is a barbaric law! How can anyone be so intolerant and hateful towards Hindus? Mrityu bhaji is no different from the western practice of keeping vigils for the dead. How can a country that has 80% Hindus violate their religious rights so much?”
This is a barbaric law! How can anyone be so intolerant and hateful towards Hindus? Mrityu bhaji is no different from the western practice of keeping vigils for the dead. How can a country that has 80% Hindus violate their religious rights so much?
— JIX5A (@JIX5A) December 13, 2023
X user Sharnarthee wrote, “What kind of law is this? Who I feed in my house is my business… Are they going to get into my kitchen now?”
What kind of law is this? Who I feed in my house is my business… Are they going to get into my kitchen now?
— Sharnarthee शरणार्थी – ललित कौल (@Sharnarthee) December 13, 2023
Dr Amit Thadhani wrote, “It is our right to offer food to others for the moksha of our pitrs, and no one can stop us from doing it. The best time to change this disgraceful law is right now.”
It is our right to offer food to others for the moksha of our pitrs , and no one can stop us from doing it. The best time to change this disgraceful law is right now. @RajCMO https://t.co/9H98i82EuS
— Amit Thadhani (@amitsurg) December 13, 2023
X user Shubhendu questioned why the post was made within two days after the new government was formed in the state and wrote, “The law has been in place in Rajasthan since 1960. Rajasthan Police rarely posts about it. But what made it post today when a new BJP CM has been declared, and the cabinet is going to take oath in a couple of days. Who (which agency) is running various handles of Rajasthan Police?”
The law has been in place in Rajasthan since 1960. Rajasthan Police rarely posts about it. But what made it post today when a new BJP CM has been declared and the cabinet is going to take oath in a couple of days.
— Shubhendu (@BBTheorist) December 13, 2023
Who (which agency) is running various handles of Rajasthan Police? https://t.co/1e16SLrTIa
Multiple posts by Rajasthan Police over the years
This is not the first time Rajasthan Police made a post on social media reminding people to refrain from attending Mrityu Bhoj. However, detailed information about it was never posted on social media. Similar posts were made in 2020, 2021, 2023 and earlier in 2023.
District Police handles in Rajasthan made similar posts over the years.
#मृत्युभोज ना तो मानवीय रूप से सही है, ना ही कानूनी रूप से।#राजस्थान मृत्युभोज निवारण अधिनियम 1960 के तहत मृत्युभोज करना या उसमें शामिल होना है कानूनन दंडनीय है।
— KotaCity Police (@KotaPolice) October 29, 2023
आइए मिलकर सामाजिक कुरीतियों का बहिष्कार करें।
। कोटा शहर पुलिस सदैव आपकी सेवा में तत्पर।#Kotapolice pic.twitter.com/LGLnzVYCyK
मृत्युभोज निषेध 🚫 है एवं कानूनन दंडनीय।
— Alwar Police (@AlwarPolice) July 8, 2020
न मृत्युभोज का आयोजन करें व न ही उसमें शामिल होवें।
मृत्युभोज का बहिष्कार करें,#कोरोना पर प्रहार करें।#COVIDー19 #जागरूक_राजस्थान@ashokgehlot51 @RajCMO@RajGovOfficial @DIPRRajasthan pic.twitter.com/yDfp0ZVUdx
#मृत्युभोज_कुप्रथा_है।
— Jaipur Rural Police (@JprRuralPolice) July 8, 2020
राजस्थान मृत्यु भोज निवारण अधिनियम -1960 के प्रावधान अनुसार मृत्युभोज का आयोजन करना दंडनीय है।
✓मृत्युभोज करने पर 1 साल की हो सकती है सजा।@ashokgehlot51 @DIPRRajasthan @PoliceRajasthan @IgpJaipur pic.twitter.com/zpfIHUNmrI
The Rajasthan Government issued an order to strictly implement the Mrityu Bhoj Act amid COVID-19 pandemic
There was no such post prior to July 2020, and there is a reason for that. On 3rd July 2020, the Rajasthan Government, led by Congress leader and then-Chief Minister of the state Ashok Gehlot, issued an order to strictly implement the Rajasthan Prevention of Mrityu Bhoj Act, 1960. In a social media post on X in July 2020, Jaipur Police had shared the orders and details of the Mrityu Bhoj Act. As per the document, in accordance with the Prohibition of Mrityu Bhoj Act, 1960, it was directed that the duty of informing the court about the occurrence of Mrityu Bhoj was assigned to the Panch, Patwari, and Sarpanch. The violation of the provisions of this law is also subject to punishment. The law enforcement agencies were asked to make efforts to ensure compliance with the provisions of the aforementioned law. DIG Kishan Sahay issued the order.
Though the law has been in place since 1960, there has been no strict implementation of it in recent times. However, things changed in 2020 when the pandemic hit. Reports suggest that complaints were filed during the pandemic that people were organising Mrityu Bhoj following the demise of their loved ones. As there were guidelines for social distancing amidst the pandemic, the government used the opportunity to implement a decades-old law against Mrityu Bhoj. Following the instructions, FIRs were filed in the matter against those who organised Mrityu Bhoj. During research, we found two such reports. In July 2020, two brothers were booked only a week after the instructions were given to implement the law. In April 2021, 100 people gathered for Mrityu Bhoj after which a fine of Rs 25,000 was imposed on the family.
What is Mrityu Bhoj?
Mrityu Bhoj is an age-old Hindu tradition where priests, family, villagers, relatives and the poor are invited for a feast after the demise of a person. It is practised across the country by different names.
What is the Rajasthan Prevention of Mrityu Bhoj Act, 1960?
The Rajasthan Prevention of Mrityu Bhoj Act, 1960, was enacted to address the concerns related to the holding of Mrityu Bhoj in the state. On 3rd February 1960, the President of India gave assent the bill. It came into force on 10th February, 1960. As per sub-section (a) of Section 2, events like Nukta, Mosar and Chahallum were included in the prohibition act. Furthermore, as per sub-section (b), though there was a ban on Mrityu Bhoj, there was no restriction on feeding the family or specific groups for religious or secular rites.
As per Section 3, no one is allowed to hold, give, join or take part in a Mrityu Bhoj. Section 4 states that anyone breaking the law may face imprisonment for up to one year or a fine of Rs 1,000. Section 5 of the Act gave the court authority to issue injunctions to prevent such feasts. As per Section 6, Sarpanchs, panchs, patwaris and lambardars must inform law enforcement agencies about such dinners and may face punishment if they fail. Section 8 of the Act prohibited anyone from providing financial assistance or loans for holding feasts. Other Acts, such as the Jaipur Prevention of Funeral Feasts Act 1947, were repealed after introducing this Act.
The act found a place in the Rajasthan Government’s action plan for 2023-24. It read, “The other prominent practice associated with death is the Mrityu Bhoj, wherein food is offered to the priests, family, relatives and villagers, on mass-scale, after the death of a person. This social practice proves to be more of a burden on the offspring of the deceased and exerts a heavy financial burden on them, especially those belonging to poor families, as there is an expectation and social pressure to feed scores of families. To curb the evil practice of “Mrityu Bhoj”, and spread awareness about the Prevention of Mrityu Bhoj Act, 1960 was passed, but the same needs better enforcement and implementation.”
It is important to note that the Mrityu Bhoj Act, 1960 specifically mentions the Islamic practice of Chahallum too. A Chahallum is a custom where Muslims honour the dead person of a family after 40 days.
Notably, the law from 1960 does not talk about the limit of people allowed. However, the action plan 2023-24 and a judgment in a matter related to the law mention it. The action plan read, “To effectively deal with the evil of Mrityu Bhoj, the Rajasthan Prevention of Mrityu Bhoj Act, 1960 was enacted, which bars anyone from hosting a feast for more than 100 people and mandates punishment of up to one-year jail term or a fine of Rs 1,000 (or both) for anyone who violates the law or anyone who “abets or assists the commission of any such contravention.”
Rajasthan High Court in Fateh Lal vs State of Rajasthan passed a judgment on 27th January 1988 where Fateh Lal and others were accused of holding Mrityu Bhoj. While contending the matter, Fateh Lal’s advocate informed the court that there was no proof that the feast was organised for more than 100 people. The judgment read, “It has been contended by the learned Counsel for the accused-petitioner that “Mrityu Bhoj” to the extent of 100 persons was permitted under the Rajasthan Guest Control Order, 1972 and also under the Raj. Prevention of “Mrityu Bhoj Act, 1960 and there is no evidence on record that “Mrityu Bhoj” was arranged for more than 100 persons and on this ground alone, the revision petition deserves to be allowed.” It further read, “Admittedly, ‘Mrityu Bhoj’ for less than 100 persons was and is permissible under the Rajasthan Guest Control Order and Rajasthan Prevention of Mrityu Bhoj Act. To sustain a conviction for the breach of Clause 3 of the Order, it is necessary to prove that the “Mrityu Bhoj” was arranged from more than 100 persons. Admittedly, no person was found eating when the police raided Mabeshwarion-ka-Nohara.”
The limit of the number of guests is not under the Mrityu Bhoj Act but under the Rajasthan Guest Control Order, 1978. As per the order, the food cannot be served to more than 100 people, including the host or hosts. That means if there are five members in the family, they are allowed to invite only 95 people. During Covid, there was a restriction on any gathering hence, even if the number of guests were less than 100, fines were imposed.
The Mrityu Bhoj Act was introduced, claiming it put pressure on the poor section of society as they often don’t have the money to hold grand feasts. It was further contended that the poor section of the society was forced to sell land or take hefty loans to arrange Mrityu Bhoj, which would put financial pressure on the family, making the future insecure.
It is pertinent to note that the Mrityu Bhoj Act does not prevent people from observing death rituals for their deceased family members. It just restricts the number of people invited to attend the ‘Bhoj’. The intention behind the law was to reduce the economic and social burden on poor families who had to undergo hardships for organizing grand events that involved a lot of people. It was enforced by the Gehlot government during the Covid time to prevent large gatherings.
