Put statues of leaders in "Leaders Parks", not public places: Madras High Court

Taking note of various issues that arise when statues of political or ideological leaders are erected in public areas, the Madras High Court recently directed the State government to identify land for the creation of “Leaders Parks”, where such statues can be erected and to where existing, legally constructed statues can be shifted. (M Veeraraghavan v. The Home Secretary, Government of Tamil Nadu).The “Leaders Park” would be an area earmarked and maintained 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", the Court said. .Those who apply for permission to install statues in the Leaders Park would have to contribute to a corpus fund for the maintenance of this park, the Court suggested. In the event that maintenance costs are not paid, the authorities can initiate Revenue Recovery Act proceedings, the Court added..Justice SM Subramaniam also called on the State authorities to ensure the removal of all statutes/structures illegally constructed in public areas. .In this regard, the Court has ordered the Home Secretary 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 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 statues or structures..All directions issued are to be complied with within six months from the date of receipt of the order, the Judge said..The Court also took the opportunity to criticise the erection of statues in a competitive manner and on the “whims and fancies of the political parties, communal, religious, linguistic, regional and sectional groups.”.The Court regarded the erection of statues or structures in public spaces to be an annoyance, observing that it hampered the free movement of vehicles and people..Common people witness riots and law and order issues in the name of such statues, the Court remarked. When rival political groups deface statutes damage them, it breeds violence and hatred and infringes on common people's rights, the Judge pointed out. 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’s order stated..The Court pointed out that if such statues of leaders are erected in a public space, they will have an impact on the public at large, and it is possible that one leader will be celebrated by one group but chastised by another. Each citizen has a Constitutional obligation to respect the rights of other citizens, regardless of ideological disagreements, the Judge went on to highlight. .Referring to the directions issued by the Supreme Court in Union of India v. State of Gujarat in respect of unauthorised constructions of a religious nature, Madras High Court also noted that no effective steps have been taken for the implementation of these directions, resulting in the continuation of this situation in many sensitive locations..The Court passed the order while dealing with a writ petition filed 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 Court was told by the petitioner that a resolution had been passed by the local panchayat for the erection of the statue. The State authorities, however, countered that the statue was placed in the meikkal poramboke region without prior permission. The Court was also informed that both the Supreme Court and the Madras High Court have ruled against the construction of statues in public places..The Court held that the erection of monuments in a public place or government land or meikal poramboke must be governed by State law. As such, the Judge proceeded to reject the petitioner’s plea, observing, 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 said..[Read Order]