When there was no way left for constitutional methods for achieving economic and social objectives, there was some justification for unconstitutional methods for achieving economic and social objectives. But where constitutional methods are open there can be no justification for these unconstitutional methods. These methods are nothing but the Grammar of Anarchy and the sooner they are abandoned the better for us.
– Dr Babasaheb Ambedkar in the Constituent Assembly on November 25, 1949
The decision of Uttar Pradesh Government to act against the rioters and violent protesters through arrests of more than 900 people, 213 FIRs and notices to people ‘identified for violence’ especially in Lucknow, Rampur and Kanpur has sparked off a controversy for no reason. The so-called liberal voices suddenly began their rant against the popular target, Yogi Adityanath. The Jihadist-Communist alliance, which anyways wants to use violence to create anarchy in the name of protests, is effectively using the entire debate on Citizenship Amendment Act (CAA) and National Register for Citizenship (NRC) for spreading falsehood and instigating violence. The way Congress is using preparations for census, National Population Register (NPR), to further create confusion is nothing but shameless. Is asking protesters to explain their actions or pay for damage caused to public and private property against the democratic norms? Why are we undermining the Constitution and Court orders?
Yes, our Constitution gives us the right to protest but with reasonable restrictions. There have been protests both in support and opposition to the CAA. Why are only the people who are opposing this act passed by the Parliament with majority for relaxing the process of granting citizenship are indulging in violence? Why the usual centres of communal tensions like Kanpur, Lucknow, Manglore, Nanded, Aurangabad, Malda etc where there is a considerable Muslim population and believed to be centres of Bangladeshi migrants are witnessing ransacking and violence? Are illegal migrants taking benefit of the confusions created by opposition to protect them for identification through this vandalism? We need to seriously ponder over these questions and act sternly against this perpetual security threat?
While interpreting Constitution on the question of protests, bandhs or hartals, Courts have been very consistent and clear. In 1997, Kerala High Court gave an important judgement banning the bandhs, a forceful closure of activities by the political or social organisations. While dismissing the Special Leave Petition filed by the Communist Party of India (Marxist), Supreme Court on November 12, 1997 said, “there cannot be any right to call or enforce a ‘Bandh’ which interferes with the exercise of the fundamental freedoms of other citizens, in addition to causing national loss in any ways”. In a similar case, on September 14, 2005 Bombay High Court imposed fines of Rs 20 lacs each on Shiv Sena and Bharatiya Janata Party as compensation for the loss of property during the bandh called by them in 2003 to protest against Ghatkopar bomb blast. The directive guidelines evolved after that but the undemocratic and unconstitutional nature of protests continue. The crux of these judicial guidelines is that no person has any right to cause inconvenience to any other person or to cause in any manner a threat or apprehension of risk to life, liberty and property of any citizen or destruction of life and property, especially any government or public property.
Maharashtra is the first State to implement these directives through a legal provision. In Uttar Pradesh also, the action is taken as per the 2010 Allahabad High Court verdict that allows the government to recover the losses from those who caused it. In case of UP, in the acts of violence at least 16 people have been killed, over 260 security personnel were also injured, of whom 57 suffered gunshot wounds. Properties worth crores were damaged. Identifying the rioters and recovering these losses is the duty of State Governments. It is unfortunate that some of the State governments are involved in instigation or neglect of these violent, undemocratic acts. Identifying and exposing such politicians, intellectuals and organisations is our democratic duty. Otherwise, we will
be heading towards ‘anarchy’ as warned by Dr Ambedkar and wished by the
Maoist terrorists.
@PrafullaKetkar
