The Supreme Court may have advised abundant caution over the BJP’s proposed rathyatras in West Bengal, but it has scrupulously upheld a democratic right. While not striking down holding of yatras, the court said the state government’s fears of possible law and order problems were not completely baseless. The BJP was told to give further details about the “peaceful” rallies it plans and also submit revised proposals for the rathyatras as well as assurances regarding the law and order issues.
The right to hold rallies was, however, clearly upheld, as is essential in a democracy where the fundamental right to freedom of speech and expression can’t be denied. If the court had struck down the rallies altogether, it would have set the worst possible precedent, as this would give every state government a handle to whip up intelligence reports on law and order fears and deny what is a normal Opposition political activity. The court’s directions on the rathyatras, with their religious connotations, appear justified and it’s now up to the BJP to satisfy conditions, including the timing of the yatras, that would coincide with the school board examinations.
The rathyatras, of course, can’t be rejected altogether, but it would have been ideal if religion didn’t obtrude into politics. A secular nation must consider the rights of all religions, and it’s entirely up to a responsible national party to use such a right to reach out to all people than divide them on the basis of religion. Let’s just hope that the message has been clearly transmitted — that rights also come with responsibilities.
