Madhya Pradesh High Court Bars Effigy Burning to Protect Fundamental Rights

Court Directs State Authorities to Prevent Public Humiliation via Effigy Burning

In a landmark judgment, the Madhya Pradesh High Court has prohibited the burning of an individual's effigy, marking a significant affirmation of the protection of fundamental rights under the Indian Constitution. The judgment came in response to a writ petition filed by Sangita, who sought to prevent the effigy burning of her daughter, Mrs. Sonam Raghuwanshi, on the occasion of Vijayadashmi.

Presiding over the case, Justice Pranay Verma underscored that such acts of public humiliation, even if targeted at individuals accused in criminal cases, are impermissible as they inflict mental agony, social humiliation, and a permanent tarnishing of the individual's image. This, the court held, constitutes a violation of Articles 14 and 21 of the Constitution, which guarantee the right to equality and the right to life and personal liberty, respectively.

The petitioner argued that Respondent No. 6 intended to burn her daughter's effigy instead of Ravana's during the Vijayadashmi celebrations, citing her alleged involvement in a murder case. The court noted that this act would be a gross violation of the fundamental rights of the petitioner and her family. The learned Government Advocate for the state responded that a due inquiry would be conducted, and actions would be taken in accordance with the law.

In its verdict, the court issued explicit directions to the state authorities, including the District Collector and Police Commissioner, to take all necessary preventive measures to ensure that no such unlawful or unconstitutional acts are carried out against the petitioner or her family. The court also directed that no publicizing or media campaigns that could cause mental agony or social humiliation to the petitioner and her family be undertaken by the respondents.

The judgment has been hailed as a reaffirmation of the judiciary's role in safeguarding individual rights against public vigilantism and societal retribution outside the due process of law. Legal experts and human rights advocates have welcomed the decision, emphasizing the court's commitment to upholding the rule of law and protecting citizens from actions that could compromise their dignity and rights.

Bottom Line:

Public humiliation through effigy burning of an individual, even if accused in a criminal case, is impermissible as it violates fundamental rights under Articles 14 and 21 of the Constitution of India. 

Statutory provision(s): Articles 14, 21, and 226 of the Constitution of India

Sangita v. State of Madhya Pradesh, (Madhya Pradesh)(Indore) : Law Finder Doc Id # 2784980