Center for Human Rights, NUALS in association with the NUALS National Service Scheme Unit organized a panel discussion on the topic “Democracy and Dissent” in observance of International Democracy Day (15 September) on 28 September 2018. The panel consisted of Dr. Shashi Tharoor, M.P, Adv. P A Pouran and Adv. Mathews J Nedumpara. Discussions were moderated by Dr. Athira P.S, Faculty at NUALS.
Dr. Shashi Tharoor delivered the Special Address in which he emphasized on the significance of the right to dissent and how it is a marker of a healthy democracy. He also cautioned against the unfettered exercise of this freedom by citing J. Oliver Holmes’ famous observation in Schenck v. United States that ‘shouting fire in a crowded theater ought not to be protected as free speech’.
Adv. P.A. Pouran is the General Secretary of People’s Union for Civil Liberties, Kerala. He has appeared in many pro-bono litigations. He spoke about the various PILs that he has been a part of including the one related to including ‘NOTA’ option in elections.
Adv. Mathews J Nedumpara appears before the Bombay High Court and the Supreme Court and is noted for arguing in the Third Judges Case [Supreme Court Advocates on Record Association v. Union of India, (2016) 5 SCC 1]. He spoke at length about the need to bring in transparency in matters of appointment of Judges to higher judiciary. He sparked a debate on the propriety of judicial legislation and the relevance of Basic Structure doctrine.
Over 150 students from both NUALS and other universities participated in the Session. Students raised questions regarding the ambit of freedom of speech and expression in the light of fake news, blasphemy laws under IPC, judicial activism vis-à-vis parliamentary legislation, etc.
