A BENGALURU MALL DENIED ENTRY TO A FARMER WEARING A DHOTI. WHAT LEGAL ACTIONS CAN BE PURSUED IN THIS SITUATION?

leadindia422
Sep 10, 2024
3 min read

According To India's Constitution, Citizens Are Protected From Discrimination On The Grounds Of Gender, Race, Caste, Religion, Or Place Of Birth. Numerous International Agreements Guaranteeing Protection From This Type Of Discrimination For Both Citizens And Foreign Nationals Have Been Ratified By The Indian Government. However, Access To Public Places Like Restaurants And Hotels Is Not A Protected Right, With The Exception Of People Who Belong To Harijan Castes Or Other Specified Classes Of People.

The Indian Hotel Industry Participates In Egregious Discriminatory Practices That Make Life More Difficult For The Regular Person. Indian Restaurants, Bars, And Hotels Routinely Deny Access To Both International And Local Customers, And They Practice Discrimination On The Basis Of Gender, Natality, Race, Religion, And Sometimes Even Age And Disability.

Bengaluru Mall Denied Entry To A Farmer: Why In The News?

Seventy-year-old farmer Fakirappa From Haveri District Was Refused Access To Bengaluru's Gt World Mall On July 18, 2024, Due To The Fact That He Was Wearing A Panche (Dhoti).
Fakirappa's Ordeal, Which He Shared With His Wife Mallamma And Son Nagaraj, Provoked Anger When A Video Of The Event Went Viral On Social Media.
Later, The Security Guard And The Mall Management Apologized For The Same.
The Mall's Owner Apologized For The Abuse The Farmer Had Received And Said That They Would Be Closing For A Week.
On Wednesday Morning, July 17, Activists From Kannada Organizations Conducted A Protest In Front Of The Mall. As A Show Of Disapproval, Several Of The protesters entered The Mall While Donning Dhotis.
The Farmer Was Also Taken To The Mall, Where He Received Public Apologies And Congratulations From Mall Management Personnel. The Security Supervisor Who Denied Fakeerappa Entry Earlier In The Day Also Expressed Regret For His Acts.

Section 126(2) Of The Bharatiya Nyaya Sanhita (Bns)

It Is Crucial To Comprehend The Definition Of Unjust Constraint Found In Bns Section 126(2) In Order To Preserve Both Individual Freedom And Public Order. An Individual's Everyday Life Can Be Greatly Impacted By Inappropriate Constraints, Which Limits Their Capacity To Engage In Both Personal And Professional Tasks. The BNS Safeguards People's Fundamental Rights And Dissuades Potential Offenders From Acting In This Way By Outlining And Punishing Wrongful Restraint.

Enforcing This Clause Also Contributes To The Preservation Of Public Order By Preventing Disagreements And Conflicts From Turning Into Illegal Mobility Restrictions. Being Able To Walk Around Freely Without Interruption Is Protected By The Legal System, Which Fosters A Sense Of Security And Trust Within The Population. Thus, Promoting A Just And Orderly Society Requires An Understanding Of And Adherence To Section 126 (2).

The Bharatiya Nyaya Sanhita (BNS) Addresses The Offense Of Unjust Restraint In Section 126(2).
This Section Defines Unjust Constraint As When Someone Intentionally Blocks Another Person's Path, Prohibiting Them From Moving In Any Direction In Which They Are Legally Permitted To.
The Express Goal Of The Law Is To Protect People's Freedom Of Movement By Making Sure That No One Illegally Limits The Movement Of Another Person. The Clause Highlights How Severe These Violations Are And Specifies Harsh Punishments To Discourage Such Behaviour.

Bengaluru Mall Denied Entry To A Farmer: Present Status

Under Section 126(2) Of The Bharatiya Nyaya Sanhita (Bns), A Fir Has Been Filed For The Intentional And Unjust Blockage Of An Individual's Right To Walk In Any Direction. Dharmaraj Gowda, A Social Activist From Nagarabavi, Has Filed A Complaint Against Arun, The Security Guard And Proprietor Of The Mall, Alleging That He Insulted The Farmer Fakeerappa.

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