Dr Ambedkar Would Prefer Intellectual Growth, Upliftment Of Downtrodden: Bombay High Court Questions Noisy Celebrations On His Birth Anniversary

Questioning the "loud" celebrations of Dr Babasaheb Ambedkar's birth anniversary in Nagpur, the Bombay High Court recently said that the great philosopher would have preferred a celebration more focused on intellectual growth, social reforms, and empowerment of the downtrodden than using loud music. A division bench of Justice Urmila Joshi-Phalke and Justice Nivedita Mehta noted that on the eve of celebrations of Dr Ambedkar's brith anniversary at 'Samvidhan Square'— there was loud noise; slogans; and bursting of firecrackers, which the Amicus Curiae said violates the Noise Pollution (Regulation and Control) Rules, 2000 and the Rights of General Public guaranteed under Article 21 of the Constitution of India. "We are, therefore, constrained to give a 'Thought' on the vision of The Architect and Father of Our Indian Constitution Dr. Babasaheb Ambedkar and forced to think whether this celebration follows thoughts laid by Dr. Babasaheb Ambedkar," the bench observed in the April 28 order. The judges pointed out that Dr. Ambedkar, recognised as Principal Architect and Father of our Indian Constitution, whose vision of Social Democracy means, “A Way of Life Where One's Own Progress does not Come at the Cost of Another's Dignity”. The judges said that he is one of the World's Greatest Defenders and Philosophers of Human Rights and was a True Visionary contributing to global evolution of this idea to legal enshrinement of rights and continues to inspire 'Human Rights' Defenders Worldwide. The bench said that the concept of Human Rights and Dr Ambedkar's role in the protection of human rights, are closely related. He was a defender of the human rights, a great philosopher, socialists, economist, legal luminary, social reformer, politician and renowned intellectual across the world, the bench said."Dr. Ambedkar, emphasised that, 'rights are protected not just by Law but by social and moral conscience of the society.' Thus, he stated that, while protecting your own rights, you have to respect rights of others which are the foundation of civil society. A perspective of Dr. Babasaheb Ambedkar, on Civic Duty, was deeply rooted in Principles of Liberty, Equality and Fraternity to which he saw as 'essential for functional democracy.' Civic Duty is a cornerstone of democracy. It is moral and practical obligation to participate in society in ways that upholds and protects liberty of citizens. He consistently emphasised that, 'everyone has a right to peace and comfort within his/her home,'" the judges observed. The judges remarked that the birth anniversaries of our National Heroes are celebrated in India to honour their contributions and reinforce moral values amongst citizens. These celebrations, the bench held, makes a bridge connecting new generation to ideals and sacrifices. "Every year, Birth Anniversary of Principal Architect and Father of our Indian Constitution Dr. Babasaheb Ambedkar is celebrated. This day is not just a celebration of life but a tribute to Legacy of the Visionary Leader and the Social Reformer. Based on his Life, Philosophy, and Writings, Dr. Babasaheb Ambedkar would likely to have preferred a Birth Anniversary focused on intellectual growth, social reforms and empowerment rather than ritualistic festivities. He definitely would have focused on upliftment of downtrodden, women empowerment and eradication of caste based discrimination. Celebrating his Birth Anniversary is not just remembering his words but his vision which laid the foundation of Equality, Justice and Progress of Modern India, and his ideas building an empowered nation and circulate his ideas to the next generation," the judges opined. In the light of the “Thoughts”, which Dr. Ambedkar consistently emphasised, the bench posed a question for the Organisers that whether these “Principles” and “Thoughts”, as per expectations of Dr. Ambedkar, were circulated while organising his Birth Anniversary. "Loud noises during the night, especially between 10:00 pm to 6:00 am, violate the Noise Pollution Rules and directly disturb sleep and health of individuals including elders and children suffering from various illness. More so, Birds are also impacted; often abandon their nests and become disoriented due to untimely slogans; bursting of firecrackers and any noise by human," judges observed. The right to life, under Article 21 of the Constitution of India, constitutes the most fundamental rights and dignity and health while the right to celebrate is the part of cultural expression (Article 25/19 of the Constitution), the bench said, adding, "The Right to Life has a priority. The celebrations, such as festivals and protests, should not infringe the public health or safety or ambient environmental standards."Therefore, the bench issued notices to the Organisers to answer the question posed by it."Notices be served by the Commissioner of Police, Nagpur as the entire records regarding seeking of permission to organize the event is with the Office of ...

Dr Ambedkar Would Prefer Intellectual Growth, Upliftment Of Downtrodden: Bombay High Court Questions Noisy Celebrations On His Birth Anniversary

Narsi Benwal

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