These days the discussions on the Constitution of India have been at the centre of Indian politics and the wave has also swept Goa. The South Goa Congress candidate for the Lok Sabha polls, Capt Viriato Fernandes, found himself riding the wave and almost getting swept away by it.
Capt Viriato courted controversy when he said the Indian Constitution was forced upon Goa, giving the Bharatiya Janata Party ready ammo to target the ex-defence personnel and shoot him down. The Congress candidate later clarified that his statement was turned and twisted.
If Viriato's statement was unconstitutional, then it is pertinent to note that some powerful leaders have also been accused of knowingly or unknowingly defiling the Indian Constitution with their hate speeches across the country, which have led to chaos and unrest.
Despite this, the party continues to spew venomous rhetoric without regard for the country's fundamental principles.
The Constitution of the country is sacrosanct and it deserves due respect from its leaders and its people.
The Constitution of the country is sacrosanct and it deserves due respect from its leaders and its people. Even the Supreme Court has taken cognisance of hate speeches and asked the country's top leaders to practice restraint, impressing upon them the importance of a secular state and peaceful coexistence.
If Capt Viriato's statements were against the Constitution, then surely there would be legal repercussions, but first, let's understand what he was trying to say.
Capt Viriato is not a seasoned politician. He may have never meant disrespect to the Constitution, what he was only trying to do was advocate a cause true to his and his people's heart – dual citizenship.
The issue of dual citizenship for Goans is a complex one and Capt Viriato's statement was to probably fuel this debate and not to insult the Constitution, however, one may perceive it.
The issue of dual citizenship for Goans is a complex one and Capt Viriato's statement was to probably fuel this debate and not to insult the Constitution, however, one may perceive it.
There may not be immediate legal action against Viriato because in all earnestness, the court, which is the guardian of fundamental rights, will have to decide on his remarks.
But in the same vein, hate speech or statements inciting violence are punishable, however, the powerful have escaped the clutches of justice.
Given the election heat in Goa, political parties or individuals are taking full advantage of criticising his statement, but the situation demands an open debate to understand the person's concerns and explore solutions within the constitutional framework.
India with its secular credentials has always allowed criticism and dissent, which is not the case today. The Constitution guarantees individuals the right to express themselves freely and it is also a sign that democracy is healthy.
India with its secular credentials has always allowed criticism and dissent, which is not the case today.
The Constitution is the supreme law of the land, and it applies to everyone, regardless of their position or power. This is a fundamental principle of democracy known as the rule of law.
So, if Capt Viriato is being judged, it's time all those who have defiled the Constitution at one time or the other be judged in the same vein because a law is a law and it uses a common yardstick.
The Indian Constitution was drafted with an aim of unifying the country and assuring us an umbrella of fundamental rights and equality. However, we are fighting because of the same Constitution that allows us freedom of speech.
In a robust democracy, disagreements are inevitable, however, the Constitution guarantees us the power of dissent for constructive dialogue and finding common ground despite differing viewpoints.
In a robust democracy, disagreements are inevitable, however, the Constitution guarantees us the power of dissent for constructive dialogue and finding common ground despite differing viewpoints.
Capt Viriato's statements may have been taken out of context for political mileage, but the ex-defence personnel, who has served his country for years, is ready for a debate.
The BJP or whoever feels his remarks are unconstitutional should join the debate and thrash out the issue instead of making a mountain out of a molehill.
