The Tamilaga Vettri Kazhagam (TVK) has escalated its opposition to the Tamil Nadu government's regulatory framework for public gatherings by filing a formal petition in the Madras High Court. The party is challenging the Standard Operating Procedure (SOP) established by the state administration to oversee public meetings, rallies, and road shows across Tamil Nadu.
Core Legal Challenge and Discrimination Allegations
At the heart of TVK's legal contention is the alleged preferential treatment embedded within the SOP. The party asserts that the procedure explicitly grants priority to political organizations officially recognized by the Election Commission of India, thereby systematically sidelining registered political parties. According to the plea, this creates a clear and unjust disadvantage for lawfully functioning registered parties, undermining their constitutional right to operate on a level playing field.
Constitutional Concerns Over Free Speech and Assembly
TVK's petition frames political rallies and campaign activities as fundamental expressions protected under the constitutional guarantees of free speech and peaceful assembly. The party argues that the restrictions imposed by the Tamil Nadu government's SOP are not merely regulatory but are excessive, vaguely defined, and disproportionately severe. These measures, TVK contends, effectively stifle legitimate political discourse and mobilization.
Unreasonable Administrative and Logistical Burdens
The SOP mandates a stringent set of logistical requirements that organisers must fulfill, which TVK deems impracticable and overly burdensome. These include:
- Rigid numerical quotas for ambulances and medical teams on standby.
- Specific numbers of volunteers and security personnel.
- Comprehensive barricading and CCTV surveillance systems.
- Strict fire safety protocols and controlled crowd timing.
TVK argues that imposing advance restrictions on public assembly—factors often beyond the reasonable control of organisers—could lead to arbitrary denials of permission. Non-compliance with these demanding conditions, the party warns, might result in the suppression of political activity under the guise of regulation.
Questionable Liability and Shifting of State Responsibilities
A particularly contentious aspect highlighted in the plea is the alleged shifting of core state functions onto event organisers. TVK criticizes the SOP for transferring responsibilities related to law and order, policing, fire services, and traffic management to private entities, a move it argues lacks legal justification.
Furthermore, the SOP imposes blanket liability on organisers for incidents such as stampedes, damage to public property, and unruly crowd behaviour, even outside officially notified venues. Crucially, this liability is enforced without requiring proof of direct, proximate, or wilful negligence on the part of the organisers. TVK maintains that such a strict liability framework is unprecedented and alien to India's constitutional principles governing the regulation of political assemblies.
Judicial Proceedings and Expected Timeline
The petition has been formally filed and is anticipated to be listed for hearing in the first week of February. The case is expected to be heard by the first bench of the Madras High Court, presided over by Chief Justice Manindra Mohan Shrivastava. This legal battle marks a significant moment in the ongoing debate over balancing public safety with the fundamental rights of political expression and assembly in Tamil Nadu.
