“Mishti Doi, Aloo Posto, Luchi=Protests and Rallies, Both Part of Bengali Culture”: Calcutta HC

The Calcutta HC stated Today (March 14th) that rallies and protests are an integral aspect of Bengali culture, akin to their traditional delicacies like Mishti Doi, Aloo Posto, and Luchi. Chief Justice TS Sivagnanam-led bench remarked while granting permission for State government employees to organize a rally in Howrah, allowing them to voice various demands, including a salary increase.

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"Mishti Doi, Aloo Posto, Luchi=Protests and Rallies, Both Part of Bengali Culture": Calcutta HC

KOLKATA: The Calcutta High Court today acknowledged the inherent cultural significance of rallies and protests in Bengal, paralleling them with regional delicacies like Mishti Doi, Aloo Posto, and Luchi. This observation came as the court granted permission to the West Bengal State Government Employees Unions and Associations to conduct a rally in Howrah.

The decision was handed down by a division bench consisting of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya, allowing the state government employees to assemble and express their demands, which included requests for a pay hike.

"Mishti Doi, Aloo Posto, Luchi=Protests and Rallies, Both Part of Bengali Culture": Calcutta HC

The bench remarked,

“Undoubtedly Mishti Doi, Aloo Posto, Luchi are inextricably part of Bengal culture, it appears that public rally, protests etc are also part of this culture. In our opinion, all Bengalis are born orators. The State is filled with culture and heritage,”

-highlighting the integral role of public expressions of opinion within Bengali cultural life.

However, the judges set specific conditions for the rally: the participants were permitted to march but were prohibited from holding any public meeting or making speeches at the rally’s conclusion. They dismissed the state’s concerns that the rally could potentially disrupt law and order, stating,

“These are government employees and not workers of any political party. All the members of this Union owe a duty to the society and the State. So we have no doubt in mind that they will conduct themselves in such a manner befitting a government employee,”

-reflecting their trust in the government employees’ commitment to societal and state responsibilities.

"Mishti Doi, Aloo Posto, Luchi=Protests and Rallies, Both Part of Bengali Culture": Calcutta HC

Moreover, the bench urged all parties involved to contemplate the impact such gatherings have on the general populace, especially considering the frequent occurrence of such events in Bengal. Chief Justice Sivagnanam highlighted,

“It’s high time organisers of such rallies be it political or others, devise alternate ways and means to voice their grievances as such rallies on arterial roads causes great inconvenience to the public at large,”

-urging a reconsideration of rally organization to mitigate public inconvenience.

The court’s decision came during the hearing of an intra-court appeal by the state, which contested a single-judge’s ruling that had previously authorized the Union to proceed with their rally to articulate their various demands, including salary increases. Ultimately, the division bench rejected this appeal, allowing the rally to go forward under the specified conditions.

CASE TITLE:
State of West Bengal vs State Co-ordination Committee

Click Here to Read Previous Reports of Calcutta High Court

author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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