Presidential Speech by Syama Prasad Mookerjee at the All
-India Civil Liberties
Conference 3rd
Session, Nagpur (25-26 August 1951)
I am
grateful to you for asking me to preside over this Conference. The Civil
Liberties Union has rendered conspicuous service in upholding the cause of
civil liberty and in attempting to mobilise public opinion against recent
encroachments made thereon by Government. At previous sessions of the
Conference detailed references were made to the manner in which Government had
interfered more and more with the exercise of civil rights in respect of Press
laws, detention without trial and holding of public meeting and processions.
Ever
since the first War of Indian Independence of 1857, successive generations of
brave leaders and soldiers declared their staunch faith in democracy and rule
of law. They wanted to see established in their motherland a system of government
which would accept the sovereignty of the people and not be founded on
autocracy or dictatorship. During British rule in India obnoxious laws were
promulgated to crush the rights and liberties of the people and an organised
Police State was established to suit the purposes of an alien rule. When the
new Constitution was framed, these lawless laws were still in operations. When
the new Constitution was enacted, a deliberate decision was taken to incorporate
within its framework a chapter dealing with fundamental rights.
One
silver lining amidst the darkening clouds of governmental interference with
civil rights has been the remarkable independence generally shown by the
judiciary of India. We have deliberately taken the decision to have a written
Constitution which acts as a check on possible tyrannies of the majority over
the minority. The sanctity of that Constitution can be preserved worthily, only
if it is backed by a competent and independent judiciary which alone can
interpret its provisions in an atmosphere of impartiality, fully consistent
with national welfare and progress. We hope and trust that the judiciary of
Free India will not be cowed by frowns or favours and continue to establish
precedents and traditions, which can be comparable to the best of their kind in
any part of the civilised world.
If
democracy is to function in India, freedom of thought and expression, whether
exercised by the public or by the Press, and the right to assemble and hold
meetings must be preserved with as little interference from Government as
possible. No responsible citizen of India will claim that there can be any
absolute exercise of civil rights in any well-ordered and composite society.
Certain restrictions are inevitable, and they are justifiable on the main ground
that the healthy progress of the society and the security of the State, both
internal and external, are thereby ensured and protected. Detention without trial
is, however, one of the most obnoxious provisions known to any civilized
country that claims to uphold freedom and democracy. Such detentions may be justifiable
during a period of grave emergency, but in normal times no Government should
hesitate to place before a Court for trial any citizen against whom it may have
specific charges for violating the provisions of the law. Recent amendments
made to the detention laws no doubt indicate a slight improvement, but
fundamentally, they still continue to be a blot on the fair name and reputation
of Free India.
In
any democratic country public opinion is effectively moulded both through the
platform and the Press. The Press in India today has a great responsibility to
discharge. Much depends on the manner in which its functions. The record of the
Indian Press during the last one century has been on the whole a proud one. It
will fail in its duty if it hesitates to exercise its great influence without
fear and expectation of favour, simply because Governmental power has passed
into Indian hands. In any event independent
and self- respecting editors of newspapers can play a very useful role,
if on crucial occasions they refuse to surrender their judgments to the mere
dictates of their employers. If they adopt a code of honour of their own,
remaining united especially for upholding civil right and liberty against any
inroad that may be made from any quarter. Governmental or otherwise, they are
bound to be ultimately sustained by enlightened public opinion which will be
roused in their favour in spite of all powerful obstruction.
When
we therefore talk of civil rights, we should not think of political rights
alone but also of economic rights of the citizens of Free India. No Government
can function in India with the willing consent of her people unless the
inherent right of the Indian citizen to live a decent economic and social life
is amply protected and implemented. Today India is groaning under the stress
and strain of a deep-rooted economic malady .It is a case of both
mal-production and mal-distribution of our wealth and resources. Our
Constitution includes a chapter on the directive policy of the State where some
indication is given about the right of Indian citizens in respect of social and
material equality and security, of health, education, housing and employment.
Unfortunately, in respect of none of these and not even of the basic demand of
minimum food have the rights of the people been even partially met. We must not
forget that freedom of speech, even political freedom, is a function of
economic power. No institution of political democracy can become safe if the
economic rights and interests of citizens are at cross-purposes.
We
have to protect ourselves against both possible excesses of Government and the
excesses of those amongst us who, though outside Government, may be equally
intolerant of differences of opinion. Criticisms may be unsparing and fearless.
We
must distinguish the sacredness and sanctity of our State from the functioning
of a particular Government that may be in power for the time being. Parties may
rise and fall. Ministries may come and go. But the freedom that has to come us
after nearly 1,000 years must be eternally cherished with our life-blood. If we
criticize governmental policy, we commit no treason but only discharge a duty.Patriotism
is not the monopoly of any individual or party, nor is anybody indispensable
for all time to come. Yet let us declare unequivocally that if an emergency
comes, internal differences must be put in cold storage. I have not the least
doubt that if the security of India is endangered in any form, all classes and
sections of the Indian people will rally together for the vindication of our
national rights and honour. The maintenance of civil rights and liberties is
not an end in itself; it is but a means to an end, the end being the
development of a strong, prosperous and happy United Indian. I fervently hope
and pray that your association will continue to play its part worthily in shaping
the destiny of our motherland and making her one of the strongest upholders of
democracy and rule of law.
~Bande
Martaram~
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