Judge quotes Tagore, says State can’t curtail citizen’s right to peaceful protest

Additional Session Judge Kamini Lau

New Delhi: A Delhi court, while granting bail to Bhim Army Chief Wednesday, recited Rabindranath Tagore’s famous poem ‘Where the Mind is Without Fear’ and said citizens have a fundamental right to peaceful protest which cannot be curtailed by the State.

Additional Sessions Judge Kamini Lau said that Tagore had in early 1900’s, when the British followed the policy of Divide and Rule, visualised a nation where there is no fear in the minds people, education is attained by all, people are enlightened and do not create walls of discrimination.

She added however that while exercising the right of peaceful protest, it was our duty to ensure that no corresponding right of another is violated and no inconvenience was caused to anyone.

She said that Tagore was most relevant today. “I am reminded of our reverend patriotic poet Rabindranath Tagore who is most relevant today. He during the colonial era in early 1900’s when British followed the policy of Divide and Rule, visualised a nation where there is no fear in the minds people and education is attained by all; people are enlightened and do not create walls of discrimination,” she said.

Tagore wanted his countrymen to be honest and thoughtful, she said and recited his famous poem, ‘Where the mind is without fear’.

She said that in “our democratic set-up, we have a fundamental right to peaceful protest guaranteed by the Constitution, which cannot be curtailed by the State.”

“However, at the same time, our constitution strikes a fine balance between the rights and duties. While exercising our right of peaceful protest, it is our duty to ensure that no corresponding right of another is violated and no inconvenience was caused to anyone,” the judge said.

PTI

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