The constitution of India provides equal protection to every citizen of India without regard to position, social status or wealth. All those vested with powers to exercise in the pursuit of their duty are also vested with responsibilities that actually limit constitutional freedoms – a District Magistrate, for instance, cannot put his or her feet up and binge watch Wimbledon matches without a care in the world as would some ordinary citizen!
Those entrusted with interpretation of the constitutional rights in the performance of their duties must understand this principle of equality. Take the case of the ruling Shiv Sena MLA, Sanjay Gaikwad, who punched a canteen staff member in Mumbai more than once to protest the quality of food as though it was his right to do so. And it would seem the system agrees with him because he has not faced any punishment, so far. Surely it was a fit case for the courts, human rights commission and the police to take suo moto cognisance. The assault was a serious one as none other than Navjot Singh Sidhu would testify, who had to spend a year in jail because he punched a man in a road rage incident. The action caused the 65- year-old man to die. It could also have happened to the canteen worker.
Far from acting against the MLA, his party is supporting his actions. Even the opposition does not seem too concerned, which indicates that this is acceptable behaviour in Maharashtra. As in the case of the Hindi-Marathi stand-off, assaulting easy targets seems to be the default option. This is far removed from the letter and spirit of the constitution. (Interestingly, these great ‘warriors’ are desperately found wanting when there is need to protect a woman from murderous attacks in the street – so often witnessed these days.)
Of course, it is not just the prevailing culture that is protecting Gaikwad from facing legal action, it is also politics. It is an unstable coalition that rules the state, of which Gaikwad’s party is a crucial part. Chief Minister Fadnavis, while condemning the MLA’s actions, has left it to the presiding officers of the Legislature to decide on the punishment. That is basically kicking the can down the street in the hope that the matter will be forgotten. Unfortunately for him and his fellow legislators, the psyche of the common people has been impacted, and it will reflect in future electoral mandates. If the system fails, those in charge of it will eventually be held responsible.
