Debate on article 19 (1) (a) surfaces following a week long ban on Togadia

by news
March 25, 2015

Mangaluru/Bengaluru: The prohibitory orders against international working president of Vishwa Hindu Parishat, Praveen Togadia passed by Bangalore Police Commissioner M N Reddi, sparked a debate on a constitutional right, enshrined in  article 19 (1)(a).

The order forbade Togadia from entering the capital city for a week citing the controversial Hindu leader’s inflammatory remarks in recent speeches delivered in the state.

Mr. Togadia was scheduled to speak at a “Virat Hindu Samajothsava” organized by the VHP on Feb 8, which is linked to the ruling BJP’s ideological mentor Rashtriya Swayamsevak Sangh.

The working president of the district VHP,  Jagadish Shenava who led the protests in Mangalore, contended this was a slap on constitutional rights of the individual and hinted at further action, while speaking on the next move of VHP.  He said, “the state government’s move is deplorable and the VHP would intensify the protest to oppose anti-Hindu activities of the state”.  He also indicated that the state VHP wing is poised to move the High Court of Karnataka against the orders passed by the state police.

Mr Mutalik endorses top VHP leader

Terming the orders passed by the police commissioner,  working under the state government ruled by the Congress party as “minority appeasement”, the chief of Rashtriya Hindu Sena, the parent organization of Sri Rama Sena, Mr. Mutalik,  told Newskarnataka.com, that the state government has degraded the constitutional rights of an individual. “The article 19 (1)(A) of the Indian constitution provides equal opportunity for every citizen of India, to freely express his/her views”.

The inflexible Hindu ideologist, Mutalik said he outrightly condemned “the new strategic role out unveiled by the Congress against Hindu community in the state”,  thus endorsing top leader of the VHP.

He accused the Congress of double speak,  quoting the example of the party’s national leadership’s soft stance towards the All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi. “Why did the Congress ruled states in the past and present fail to forbid Owaisi from making hate speeches targeting majority community?” he questioned. He hit out at the government claiming the Congress has deliberately suppressed the right guaranteed under article 19 (1)(a) to an individual.

When quizzed on the series of violent incidents that followed the speech of Togadia in Puttur and other parts of the state and nation, he stated that “let the police file a complaint under prescribed of the IPC (Indian Penal Code) for alleged hate speeches.”
He demanded that the government come out with a clear definition of freedom of speech, as in the past, the Congress has had different interpretations based on religions lines. He also urged the government to withdraw the orders and seek apology for hurting the sentiments of Hindu Community.

Mr Togadia ducks

When Newskarnataka contacted Praveen Togadia to seek reactions on the new developments and to know his immediate move, he declined to comment.

Article 19 (1) (a) has decorum

Commenting on the interpretation of the freedom of expression as expressed by the VHP, the state vice president of Democratic Youth Federation of India, Muneer Katipalla expressed that the VHP, one the offshoots of Sangha Parivar, has misinterpreted and misused this  fundamental right to try and achieve Hindu Hegemony across the social and political spectrum of India.

He observed that Sangha Parviar and its diverse branches sharply opposed the freedom of speech and expression when it contradicted their views, as seen in recent events.

He quoted the example of Hindu outfit’s intense protest against renowned Indian Scholar and writer hailing from Tamil Nadu Perumal Murugan and asked where does the allegiance of extremist Hindu ideologists’ lie on this issue? “Is it with the constitution or with the Hindu Religion?”, he questioned.

Welcoming the ban order passed by the police department, the communist leader said Togadia was infamous for derogatory and hate speeches. There is a decorum for freedom of speech and expression which the controversial leader is reluctant of comply with, he opined.