Ganesh Kumar BaskarAIR 7 · CSE 2019 · 272 wordsTheir whole copy
Opening
This case involves a conflict between Art 25 - freedom to profess religion and Art 21 - liberty.
Body · points and prose
(a) Options available are following:
(I) Arrest locals and allow workers to pray on road
Merits → Religious freedom under Art 25 preserved → Violence is punished → Workers' worship rights protected
Demerits → Perception of partiality towards one party → Support for Art 25 vs Art 21 → Rights of public to use road is affected → Chances of long-term clashes → Further intolerance and Xenophobia
(II) Ensure workers do not pray on road
Merits → Right of public to use roads preserved → Law and order is maintained
Demerits → Right of worship of workers affected → Lack of empathy and compassion to workers → Workers are punished for administrative failure to build place of worship → Workers may strike affecting local economy
(b) I will choose option III which is discussed below.
(III) Convince the factories to put together funds and set up place of worship given in gram panchayat land acceptable to local.
Merits → Workers get a proper place of worship (Art 25 preserved) → Long term solution to clashes between locals and outsiders → Factories contribute for workers welfare through CSR → Better communal harmony as locals have provided land for workers place of worship → Rule of law maintained - as right of public to use road is preserved → Satisfies the principle of Lokasangraha → Better worker motivation and productivity
Demerits → Factories foot expense for personal worship of workers
Close · a summary
Option III makes all stakeholders happy while maintaining rule of law. Hence it solves the challenge.