“State should enact law to safeguard fundamental duties”

 The State should enact a law prohibiting any act or conduct that causes disrespect to the Constitution or neglects fundamental duties, to achieve the avowed object of Article 51-A (Fundamental Duties), the Madras High Court said on Wednesday.

If the State enacted such a law, the court would uphold the same as a reasonable restriction on the relevant fundamental right because the duties as such were not legally enforceable in court, it said.

Justice R. Regupathi was dismissing a petition by P. Thamizharasan and two others who sought a modification of bail conditions that they should hoist the national flag every day and do community service for a week. They were among those arrested for allegedly trying to burn the tricolour opposite to the Collectorate in Coimbatore on April 25 to protest against the killing of Tamils in Sri Lanka.

In his order, the Judge set out the background in which the petitioners had been granted the relief (bail) and “their subsequent approach in taking this court for granted and the condemnable practice of dictating terms to the court so as to mould the orders to suit their convenience in contrast to the operation of Fundamental Duties embodied in the Constitution.” Every right made sense only if there was a corresponding duty. That was why Article 51-A had been inserted in the Constitution. The primary duty of a citizen, who enjoyed the Fundamental Rights, was to abide by the Constitution and respect its ideals and institutions, the national flag and national anthem.

Mr. Justice Regupathi said the accused had submitted that whatever conditions the court intended to impose for releasing them on bail would be adhered to by them. On conveying the court’s mind about the conditions going to be imposed, including hoisting the national flag and rendering social service at an orphanage, the accused said they were readily willing to comply with the conditions. Following this, the court passed a positive order. Now the petitioners sought to project as if the conditions had no relevance to the alleged offence and nothing to do with the investigation. Even they had the audacity to state that due to the situation of Tamils in Sri Lanka, they were compelled not to show respect to the national flag, he said.

The court directed the Chief Secretary to constitute a committee of experts to study and device an effective mechanism for propagating the whole scheme of Art.51-A. He directed the police to file the final report within one week.