HC directs authorities to return Bharat Mata statue removed from BJP office in Virudhunagar

The State told the court that a Division Bench had directed the authorities to ensure that no person or party was permitted to install statues in the State without getting proper permission

The Madurai Bench of the Madras High Court on Wednesday directed Virudhunagar district administration to hand over the statue of ‘Bharat Mata’ to BJP’s Virudhunagar unit and left it open to the petitioner to install it on its office premises.

The court was hearing a petition filed in 2023 by the Virudhunagar BJP unit seeking a direction for installation of the statue on its office premises in Virudhunagar. BJP’s Virudhunagar East district president G. Pandurangan said the statue of ‘Bharat Mata’ with the national flag in her hand was installed at the party office on the premise that the entire country was one and ‘Bharat Mata’ was the symbol of the nation.

He said plans were made to unveil the statue at a grand function. However, the authorities removed the statue. The State told the court that a Division Bench had directed the authorities to ensure that no person or party was permitted to install statues in the State without getting proper permission and a circular had been issued prescribing guidelines.

Allowing the petition filed by the BJP, Justice N. Anand Venkatesh observed that the Supreme Court declared that the privacy of choice was directly protected by Articles 19(1)(a) to (c) and 21. Consequently, the State’s authority must normally end where the boundaries of private property started. Right to property was a constitutional right, and it could not be interfered with, except as per fair legal procedure.

The court observed that the legislature or the executive should not arrogate to themselves any power to interfere with the private affairs of a citizen or an association.

The installation of a statue of ‘Bharat Mata’ on a private property was a deeply personal and symbolic act reflecting an individual’s reverence for the motherland. Unlike public figures, whose statues often required permissions due to their potential impact on public sentiment and communal harmony, the installation of a statue representing one’s cultural and national identity in a private space could be viewed through a different lens. While it was essential to respect local laws and community sentiments, the act of honouring ‘Bharat Mata was fundamentally an expression of love and pride, the court observed.

No person could contend that expressing one’s patriotism and love for one’s country would imperil the interests of the State or the community. Indeed, the position was precisely the converse as the Constitution itself enjoined the citizen to promote such values in terms of the Fundamental Duties under Article 51-A, the court observed.

The court observed that the authorities had high-handedly taken away the statue from a private property, probably due to pressure exerted from elsewhere. This act on the part of the authorities was highly condemnable and should never be repeated in future, the court observed.

Published - November 13, 2024 08:04 pm IST