Madras HC Directs State Gov To Shift Statutes Of Leaders To 'Leaders Park' To Prevent Obstruction In Public Places

The Madras High Court on Thursday directed the State government to identify suitable land for the establishment of 'Leaders Park' in as many locations as possible in Tamil Nadu in order to alleviate problems that arise when statues of political or ideological leaders are erected in public areas. The Court observed that statutes that pose a hindrance to traffic on public roads must be shifted to such parks.

Justice S.M. Subramaniam directed that the exercise of identifying such lands and statues that need to be relocated must be completed within six months.

The Court further ordered that the cost of maintaining such statutes in the parks have to be borne by those who had obtained permissions to erect them in public places. In the event that such individuals or organisations refuse to pay maintenance costs, the concerned authorities can initiate Revenue Recovery Act proceedings, the Court added.

The "Leaders Park" would be an area established solely for maintaining statues and structures of leaders in a manner that does not cause any public obstruction, the Court said.

"On creation of the "Leaders Park", the statues, which all are causing obstructions, in public places, are to be re-located and is to be maintained properly by the competent authorities", it was further observed.

Furthermore, the Home Secretary was directed to identify all statues and structures in public locations and remove all encroachments, unauthorised illegal structures, statues, and other items in these areas within three months.

Further, the Court has ordered the Home Secretary (first respondent) not to provide approval for the construction of any edifice or statue in public spaces which would infringe on the rights of ordinary people.

The State has also been ordered to issue comprehensive guidelines for grant of permission when it comes to the erection of such statues or structures.

"The first respondent is directed not to grant any permission hereinafter for erection of any structure or statues in Highways, Public Places / Government Poromboke / Meikal Poromboke, affecting / infringing the rights of the common people", the Court further directed.

The judge further opined with dismay that 'erection of statues were made at the whims and fancies of the political parties, communal, religious, linguistic, regional and sectional groups in various forms'. He also emphasised that while erecting a statue in a public place, regulation is of paramount importance as ideas, ideologies and practices may differ from one group to another group.

"Unity in Diversity is the Indian Constitution's principles and perspectives, and the glory of our great Nation. This being the Constitutional mandate, the equality, non-discrimination, regulation, all these issues are of constitutional importance to preserve the Unity in Diversity principles and to march towards the vibrant democracy. In the event of allowing any particular sector or group to act in their own whimsical manner, undoubtedly, we are not honouring the constitutional philosophy and Ethos", the Court further remarked.

Common people witness riots and law and order issues in the name of such statues, the Court remarked. It was also pointed out that when rival political groups destroys statutes, it leads to violence and further infringes upon the rights of the common people. The State government is bound to ensure that the peaceful living of people are not affected due to such activities, it was emphasised.

"Now these groups are attempting to convert the image of these leaders by attaching communal colour and thereby attempting to create hatredness amongst the people. Such conduct and behaviour of any person, cannot be allowed and, such an attitude or conduct is not only unconstitutional, but disastrous to maintain Unity in Diversity and to reach the constitutional goal of vibrant democracy .. .discrimination amongst the leader's statues by political parties, communal, religious, linguistic, regional and sectional groups are certainly not in consonance with the laws in force, more specifically, when such statues are erected in public places…", the Court further added.

Reliance was also placed on the Supreme Court judgment in Union of India v. State of Gujarat wherein guidelines had been laid down with respect to unauthorised constructions of a religious nature. The High Court noted that no effective steps had been taken yet for the implementation of these directions.

Background

The Court issued the directions while adjudicating upon a petition moved by a social activist and lawyer, M Veeraraghavan who had challenged proceedings to remove a statue of Dr BR Ambedkar in the Kainoor Kandigai Village.

The petitioner submitted before the Court that a resolution had been passed by the local panchayat for the erection of the statue. The State authorities, however, countended that the statue was placed in the meikkal poramboke region without prior permission.

Pursuant to the perusal of the rival submissions, the Court rejected the petitioner's plea and held that the erection of the statue violated the applicable rules as well as the directions by the Supreme Court and the Madras High Court.

"… the authorities have not committed any lapses and they are vigilant in implementing the orders of the Supreme Court as well as the Government guidelines and the Statutes in force. However, the irregularity committed by the petitioner in this regard cannot be condoned in violation of the orders of the Hon'ble Supreme Court of India. Thus, the writ petition is liable to be rejected", the Court stated.

Case Title: M Veeraraghavan v. The Home Secretary, Government of Tamil Nadu

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