Viv S wrote:krisna wrote: what the mind does not want to know eyes cannot see is a often quoted term. You selectively recall a BJP yatra. In the same way recall many other yatra or procession or whatever you want to call by other parties and the violence associated with it.
Then those other yatras/processions should not have been allowed to take place. Ensured peace needs to be the first priority. Addressing the root causes of unrest comes later.
Sorry for the belated response, I just saw this now while clicking back.
I see that it is a recurrent theme:
vina wrote:Even if it were, all fundamental rights are subject to reasonable restrictions (Subject to Public Health, Morality, law and order.. etc.. as stated I think) and I do think the threat of violence and disorder is a very valid ground to curb the exercise of such a right.

Ok, I'd like to ask the respected posters a few questions:
1) How exactly do you plan to legislate this? Given that the constitution of India allows the peaceful assembly of citizens as part and parcel of the fundamental right to expression? And that the Indian Flag code does indeed guarantee private citizens allowance to display the flag?
Or is it that in Pigvijay-world, the "rule of law" only matters when it's convenient to the Maino-Manmohan Cabal?
2) Taking out processions or yatras has been a part of democratic Indian tradition for centuries, since the first Ganesh immersion processions were taken out by Tilak in a show of social and political consolidation at community level. Even longer than that (as Swamy pointed out) if you consider all of Indic civilization. How do you legislate against the form of political self-expression which Gandhi himself undertook when he marched to the sea?
3) Besides political processions, religious processions are very much a part of the Indian social landscape. Why should these be exempt? Do you never hear of riots breaking out because a religious procession by one community gave takleef to another community? It follows that religious processions constitute a potential threat of civil strife, violence and disorder, do they not? And, are all those processions Hindu?
Just as a hypothetical case study:
Let us say the Shiv Sena is upset about something and does a lot of bus-burning and stone throwing one particular week, in Mumbai.
The next week is Moharram. Shi'a Muslim citizens of India exercise their fundamental right by taking out a procession. Suddenly, Shiv Sainiks fall on the procession with bottles and stones and knives, killing many of the devotees. After this the Sena engages in street battles with Muslims and against the police, torching shops, vandalizing homes and places of business. Many lives are lost.
So in this situation, to the respected posters quoted above: What is the correct application of law and order?
Should Moharram processions be banned in following years, just in case the Shiv Sena gets some khujli a few weeks ahead of time and therefore might use Moharram as a pretext to commit violence and vandalism?
Should the right of the Moharram devotees to engage in religious ceremonial procession be abrogated, because there is a "fear" of "violence and disorder" by Shiv Sena vandals breaking the law?
Or is this inapplicable in the situation I have described, but only becomes applicable when the "certain communities" swap places? If so, what message exactly is being sent to the jihadi terrorists and secessionists in Kashmir... that you can get away with things an ordinary citizen of India cannot? If that message is being sent... which it clearly is... how exactly does it help the consolidation and integration of J&K into India? How does it lead to anything but the sellout and give-away that Maino-MMS Cabal have planned for Jammu & Kashmir?
Please don't try to hide in grey areas now, after making the very categorical assertions on this subject that I have quoted above! You have said that "ensured peace needs to be the first priority" (VivS) and "the threat of violence and disorder is a very valid ground to curb the exercise of such a right" (Vina). To maintain your credibility, such assertions must be backed up by a categorical yes/no answer to my primary question:
should the right of Muslims to engage in religious processions (like Muharram) be abrogated because of the threat of Shiv Sena violence breaking out?