The inauguration function of late Dr. Patangrao Kadam Memorial Public Lecture Series, Campus Law Center-II and International Arbitration Centre at Pune\u2019s Bharti Vidyapeeth, was attended by Justice Dipak Misra, Chief Justice of India; Justice AM Khanwilkar, Justice Naresh Patil,\u00a0Acting Chief Justice of Bombay High Court; Chief Minister of Maharashtra Devendra Fadnavis,\u00a0 Chancellar Shivajirao Kadam, Vice-Chancellor Dr. M.M. Salunkhe, Secretary Vishwajeet Kadam, and Dean of New Law College Dr. Mukund Sarda at Bharati Vidyapeeth Campus, Dhankawadi, Pune.<\/p>\n
While addressing the law students, Judges of Bombay High Court, Pune District and Sessions Court, and Members of Pune Bar Association, Justice Dipak Misra said that balancing of rights means adjustment, compromise and settlement. Every individual has the Right to Live with dignity, but cases involving conflicting interest have to be dealt with in a balanced manner.<\/p>\n
\u201cLaw is compromise and balancing includes claims and rights. Constitutional democracy is important as it includes rights and liberties. However, access to rights shall be within the\u00a0constitutional parameters\u2026If the rule of justice collapses, the rule of law collapses as well,\u201d the CJI said, adding that the respect for a person\u2019s reputation is key to the constitutional right. \u201cIt means that a person should not disrespect the rights of others and should desist from making \u00a0defamatory statements,\u201d he said.<\/p>\n
Justice Misra, while referring to the Aruna Shanbaug case, touched upon the issue of conflict between two fundamental rights and said that the verdict in such cases should be given after thoroughly studying the facts of the case and the fundamental structure of the Indian Constitution.<\/p>\n
\u201cEveryone has a right to life but at the same time, he or she has a right to life with dignity. If he\/she\u2019s unable to live with dignity because of prolonged illness, from which he\/she will not overcome then in such cases he\/she has the right to die with dignity. This is what balancing of rights mean. Adjustment, acceptance, compromise and settlement comes in the balancing of rights & for the coexistence of rights. We\u2019ve to balance them for the well being of mankind,\u201d Justice Misra said.<\/p>\n
While referring to Subramanian Swamy v. Union of India case, he touched upon the issue of conflict between two fundamental rights, freedom of speech and the right to live with dignity, and said each right should be exercised within the constitutional framework. He also talked about some other landmark cases like Delhi Transport Corporation v. D.T.C. Mazdoor Congress and said that in situations where conflict arises between two fundamental rights or intra-fundamental rights in respect of some person, it becomes slightly difficult for a Bench to give out the verdict. \u201cNo particular parameter can be fixed but yet the courts try and endeavor to fix certain parameters, it has to be judged on facts of each case, taking care of certain constitutional concepts,\u201d he noted.<\/p>\n
\u00a0Furthermore, Justice Misra noted that it is important for an individual to exercise rights granted by the Indian Constitution in order to develop the society and strengthen the democracy.<\/p>\n
\u201cWe have a constitutional democracy and it\u2019s conceded with a singular and a sole mission and purpose of securing its citizen\u2019s rights and liberties which foster and strengthen the spirit and growth of development in a society. Rights protected and guaranteed under a constitution are the fulcrum of any free society. We ought to live in a democratic & free society. As far as that concept is concerned there\u2019s no compromise. We have the rights and must exercise them within the constitutional parameters. These rights are interest recognized and protected by a rule of justice. If the rule of justice collapses, rule of law will automatically collapse. I must respect your freedom, you must respect mine and this is how we can build up a societal fraternity in a true sense.\u201d<\/p>\n
About late Patang Rao Kadam while paying rich tribute he said that at the age of 19, a person like him established this institution, which was very surprising. To establish such educational institutions across the country, it requires dedication, commitment and respect for education and selflessness.<\/p>\n
Reported by Rupesh Jain<\/p>\n","protected":false},"author":91,"featured_media":201605,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[19,6],"tags":[],"class_list":["post-201603","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-conference_seminars_lectures","category-lawschoolnews"],"yoast_head":"\n