Friday, February 15, 2019

If you talk of Constitutional rights, perform the duties: HC 

B. Tilak Chandar 

 
B. Tilak Chandar, February 15, 2019 00:00 IST

Speakers, while exercising their right to free speech and expression, must abide by Constitutional values, observed Madurai Bench of Madras High Court.G_Moorthy

Says it is everyone’s duty to uphold constitutionalism

The Madurai Bench of the Madras High Court on Thursday directed government authorities granting permission for meetings or other functions to obtain a written undertaking from the organisers of a conference in Tiruchi on February 23 that they would ensure that the speakers, while exercising their right to free speech and expression, abided by Constitutional values.

Allowing a petition that sought permission to conduct the conference, Justice N. Seshasayee observed that the Constitutional rights found their pair in Constitutional duties or responsibilities. “He who is conscious of his Constitutionally guaranteed rights and demands them, shall also be prepared to submit to performing the Constitutional duties,” the court said. “If constitutionalism has to survive in this country, then it is not just the responsibility of the State but that of everyone of its constituent citizens to carry its spirit in their hearts and souls. For a citizen to exercise his rights under the Constitution responsibly, he need not look to the State, for he owes his existence not to the mercy of the State, but to the might of the Constitution,” the court said.

The court, while allowing the conduct of the conference, ‘Repression is the democracy?’, with the slogan ‘Resist corporate saffron fascism’, ordered the authorities concerned to obtain an undertaking from the organisers that none of the speakers violated or infringed on constitutional values.

The organisers should also ensure that no pictures, cartoons, caricatures, posters and any form of visual depiction of any religious symbols or other images were used in order not to hurt the sentiments of other religious groups. They should not display anything banned under the law, the court said.

The court directed Tiruchi police to look into the representation expeditiously and asked them to videograph the proceedings of the meeting. If there was any violation, the police could prosecute the violators, the court said.

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