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TOPIC : BAL GANGADHAR TILAK TRIAK AND RATLAM

MUNICIPALITY CASE
UNDER THE GUIDANCE OF : PROFESSOR ADV RADHIKA RODRIGUES

SUBMITTED BY:
NAME: BHUMKAR ROHAN KUMARDATT
CLASS: F.Y. B.A. LLB
SEM: SECOND SEMESTER
SUBJECT: LEGAL LANGUAGE
ROLL NUMBER: 23509

DATE OF SUBMISSION: / /2024

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INDEX

SERIAL PAGE

NUMBERS TOPICS NUMBERS

1 Introduction to Tilak trial 3

2 Facts of the case 4-5
3 Arguments of the case 5-7
4 Judgement of the case 7
5 Conclusion of the case 8
6 Introduction of Ratlam muncipality 9
7 Facts of the case 10
8 Arguments of the case 11
9 Judgement of the case 11-13
10 Conclusion of the case 13-14
11 Bibliography 15
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TRIAL OF BAL GANGADHAR TILAK

The Tilak Trial refers to the legal proceedings against Bal Gangadhar Tilak, a
prominent Indian nationalist leader, journalist, and social reformer during the
British colonial rule in India. The trial took place in 1908 and is significant in
India's struggle for independence from British rule.
Bal Gangadhar Tilak, often referred to as "Lokmanya Tilak," was a key figure in
the Indian independence movement. He was known for his fiery nationalist
rhetoric and his advocacy for Swaraj, or self-rule, for India. Tilak's writings and
speeches played a crucial role in mobilizing public opinion against British
colonial rule.
The Tilak Trial stemmed from his alleged involvement in promoting violence and
sedition through his writings in the newspaper "Kesari" and the Marathi-language
publication "Maratha." The British authorities accused Tilak of inciting violence
and promoting anti-government sentiments among the Indian populace,
particularly through his support for the extremist faction within the Indian
National Congress.
The trial began in 1908, and Tilak was charged with sedition under Section 124A
of the Indian Penal Code. During the trial, Tilak defended himself vigorously,
arguing for the right to free speech and criticizing British rule in India. However,
despite his eloquent defense, Tilak was ultimately convicted and sentenced to six
years of imprisonment.
The Tilak Trial had a significant impact on the Indian nationalist movement. It
galvanized public support for Tilak and brought attention to the repressive
measures of the British colonial administration. The trial also highlighted the
growing divide between moderates and extremists within the Indian National
Congress.
Despite his imprisonment, Tilak continued to be a symbol of resistance against
British rule, and his ideas and principles inspired future generations of Indian
nationalists in their struggle for independence. The Tilak Trial remains a pivotal
moment in India's quest for freedom and is remembered as a testament to the
resilience and determination of the Indian people in their fight against colonial
oppression. (1)
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FACTS OF THE CASE

Lokmanya Bal Gangadhar Tilak was arrested on June 1908 under section 124-A
of the Indian Penal Code (IPC) Sedition. Whoever, by words, either spoken or
written, or by signs, or by visible representation, or otherwise, brings or attempts
to bring into hatred or contempt, or excites or attempts to excite disaffection
towards, the Government established by law and Section 153-A of the IPC for his
articles which appeared in Kesari (A Marathi newspaper founded by Tilak):

The Country's Misfortune (Kesari, 19th May 1908)

This article was written in response to the killing of two English women by a
bomb hurled by Khudiram Bose, whereby Tilak drew an analogy between India
and erstwhile Russia. He wrote that the oppression of the white class resulted in
the formation of a secret society of the young generation which aims to
assassinate the entire white (British) ruling class. This Tilak defined as something
very unfortunate.

He further wrote that the exasperation, fire, and vehemence of the subjects have
to be kept within a prescribed boundary, the ruling class does not take into
account the views of the subjects and as the demand for Swarajya was rising,
along with the rise in western education it was as he argued impossible for the
ruling class to ignore the views of the subjects. Tilak further wrote that the ruling
class blames such unfortunate incidents on the leaders of the subject and has tried
to suppress writing, speeches, etc. dissenting the government and the kind of
disregard the government shows towards this suggestion is defined as The
country's misfortune.

These Remedies Are Not Lasting (Kesari, 9th June 1908)

This article was written in response to the repressive measures used by the
government to suppress free speech and the way bomb violence was rising in
erstwhile India against the repressive policies which according to Tilak was not
an outcome of hate but was an outcome of oppression as was evident in the
erstwhile Russia and Portugal. (2)

2. https://www.legalserviceindia.com/legal/article-6431-case-analysis-emperor-v-bal-
gangadhar-tilak-1908.html
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Tilak further expressed his displeasure over the repressive laws that were made
by the Britishers to discourage bomb violence, by making it impossible to
manufacture bombs and to take every step discouraging people from throwing
and manufacturing bombs. On this Tilak wrote that such repressive laws were not
even brought by Mughals and nowhere in the world, autocracies have resorted to
these methods of repression.

He further wrote that these measures would not create any impact, as at that time,
with the advent of western education, the short and not very complex formula of
making bombs and the trade of certain chemicals made these remedies not
lasting. He in conclusion suggested that the only way to stop bomb violence was
to grant people what they want that is Swarajya.

It is noteworthy that Tilak was convicted for sedition in the year 1897 whereby he
was sentenced to 18-month imprisonment.

Initially, in the 1908 case M. Jinnah appeared for Tilak and applied for bail, the
application was rejected by Judge Davar (Interestingly, Davar appeared for Tilak
in 1897 and secured him bail). Tilak fought the 1908 case on his own.

ARGUMENTS ADVANCED BY THE PROSECUTION

During the trial, the prosecution contended that the two articles authored by Tilak
were full of seditious remarks which alleged that the government carried its
administration in an unscrupulous and iniquitous way; it had a strong desire to
benefit its own country; that it sacrificed the interests of the natives to those of
Englishmen; that it was autocratical; that it was of an oppressive and tyrannical
character and had become unbearable to the people of India these all as per the
prosecution clearly comes under the meaning of the term disaffection.

The prosecution also contended that Tilak through the second article in a way
suggested that other countries have got advantages by throwing bombs and the
same result can be achieved in India by same the means. The prosecution further
contended that the second article intended to stir up racial feelings by saying that
the white class was acting in a manner hostile to the interests of the native. A
postcard that belonged to Tilak was also shown as a piece of evidence that
contained the names of books on explosives. (3)

3. https://www.legalserviceindia.com/legal/article-6431-case-analysis-emperor-v-bal-
gangadhar-tilak-1908.html
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ARGUMENTS ADVANCED BY TILAK

Tilak in his defence argued that for sedition three points were to be considered:

i. The question of publication

ii. The question of insinuations and innuendoes
iii. The question of intention.
For the first point, he took full responsibility that articles were indeed written and
published by him but on the latter two points he contended that it would be unsafe
for the jury to convict him just based on a mere opinion that is formed in the
minds of the jurors by the articles which were not the original ones but were the
English translated versions of the original articles which were written in Marathi,
on this he drew a very precise analogy.

They (the jurors) are asked to sit in judgement upon an article written in French in
England and to say what effect the French article which was translated in English
would produce upon French population in France.

He further argued that the jury comprising a majority of Englishmen had a

meagre understanding of the audience of Kesari, which were the Marathi
speaking community hence the impact of articles on the minds of the jurors could
never be equated with the impact those articles had on the minds of the original
audience.

Further, he divided the offence of sedition into two parts (1) brings or (2) attempts
to bring in hatred, (1) excites or (2) attempts to excite and argued that the Marathi
speaking class (the audience of Kesari) was already aware of the views he
advocated a each and every sentence of his article could have been found in the
Congress literature. Since no evidence was produced to show (1) he argued that
his charge to be reduced to a mere attempt which he referring to certain
precedents argued being non-punishable.

He further clarified that those articles were written in response to the articles
written by the Anglo-Indian community, the motive the two articles was to
suggest reforms to the government during the time of unrest which should fall
under the ambit of fair criticism and the articles were written in the spur on the
movement. (4)

4. https://www.legalserviceindia.com/legal/article-6431-case-analysis-emperor-v-bal-
gangadhar-tilak-1908.html
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I am a journalist I have two hundred papers lying on my table, I have to digest

and weigh them and read and write on the spur of the movement. He further
referring to freedom of press urged the jury to consider The law may be rigid law
may be harsh stand between me and the law and protect me because I represent
the liberty of press.

JUDGEMENT OF THE CASE

The trial of Tilak was a mere formality. Despite all these interesting and logical
arguments given by Tilak, the jury consisting of 7 Anglo-Indian and 2 Indians
convicted Tilak with a 7:2 majority and sentenced him to 6 years transportation
and a fine of ₹1000. Not only this Judge Davar while delivering the judgment
described Tilak as a man of diseased and perverted mind his journalism is a curse
to India.

After being held guilty Tilak very remarkably in his immortal words said:
All that I wish to say is that in spite of the verdict of the Jury I still maintain that I
am innocent. There are higher powers that rule the destinies of men and nations
and I think it may be the will of Providence that the cause I represent may be
benefitted more by my suffering than by my pen and tongue. (5)

5. https://www.legalserviceindia.com/legal/article-6431-case-analysis-emperor-v-bal-
gangadhar-tilak-1908.html
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CONCLUSION

After the death of Tilak, a nation named India came into existence with a
constitution that guaranteed to its citizens the freedom of speech and expression
which according to Tilak gives birth to a nation and nourishes it.

The freedom of speech and expression in India is indeed not absolute, certain
reasonable restrictions can be put in place and one such restriction is sedition
which Jawaharlal Nehru defined as highly objectionable and obnoxious and it
should have no place both for practical and historical reasons, if you like, in any
body of laws that we might pass. The sooner we get rid of it the better.

The fear of Jawaharlal Nehru was not unfounded. In recent years according to a
report by NCRB, there has been a rise of 165% in cases of sedition. The
conviction of various journalists like Kappan Siddique, initiation of sedition
proceedings against a parent and a principal of a school in Bidar, Karnataka,
detention of Sharjeel Imam etc. under the sedition law sets a chilling effect upon
the freedom of speech and expression and the Indian democracy.

Courts in these matters have failed to follow the norm Bail is rule, jail is an
exception also the prerequisite incitement of violenc which was set by Hon'ble
Supreme Court in the case of Kedar Nath V State of Bihar, 1962 was not
followed. Now that the law of sedition is on review the government must
understand that dissent is not something that is not healthy for democracy but is
something on which a healthy democracy thrives. In the remarkable words of
George Orwell:
If liberty means anything at all, it means the right to tell people what they do not
want to hear.
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RATLAM MUNICIPALITY V. SHRI VARDHICHAND &

OTHERS

This case concerns the Ratlam municipality’s obligations to its people under
Section 123 M. P. Municipalities Act of 1961. These obligations include the
provision of sanitary facilities and the prevention of street contamination from a
nearby alcohol plant. The residents of the Ratlam municipality, frustrated at the
lack of sanitary facilities and the contamination in the streets, brought suit against
the municipality under Section 133 of the Criminal Procedure Code for public
nuisance. The municipality argued that, 1) the residents chose to live where there
are no facilities, and 2) the authorities lacked the funds necessary to construct
what was required to comply.
The Magistrate ordered the municipality to provide the proper facilities and
construct drainpipes to abate the contamination. The order was appealed to the
High Court, which affirmed the order below. The Supreme Court then considered
whether a Court could affirmatively compel a statutory body to construct sanitary
facilities and drainpipes at great cost. The Supreme Court upheld the High
Court’s order, holding that the Magistrate had the power to compel a statutory
body to comply with the order in the name of public duty. The Supreme Court
also held that Section 133 of the Criminal Procedure Code operates against
statutory bodies and can be used to remove a public nuisance in a limited time
period.
Furthermore, the Supreme Court found that a municipality cannot claim financial
inability when it is responsible for preserving public health. The Supreme Court
stated, “[a] responsible municipal council constituted for the precise purpose of
preserving public health and providing better finances cannot run away from its
principal duty by pleading financial inability. Decency and dignity are non-
negotiable facets of human rights and are a first charge on local self-governing
bodies.” (7)

7. https://www.escr-net.org/caselaw/2019/municipal-council-ratlam-v-shri-vardhichand-
others-1980-air-1622-1981-scr-1-97#:~:text=Summary%3A,from%20a%20nearby%20alcohol
%20plant.
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FACTS OF THE CASE

Some of the residents of Ratlam city filed a complaint before the Sub Divisional
Magistrate of Ratlam city alleging that the Municipality of that area is not
building proper drains as required, resulting in stench and stink in that area due to
excretion created by nearby slum dwellers, which caused public nuisance to the
complainants. Another contributory cause to the insufferable situation was the
discharge from the Alcohol plant of malodorous fluids into the public street.
Within 6 months of the complaint submitted by the residents of Ratlam area, the
Sub Divisional Magistrate of Ratlam district instructed the municipality to
prepare a proper development plan.
The Sub Divisional Magistrate’s instructions to the Municipality were accepted
by the High Court.
The Municipality subsequently appealed to the Supreme Court and alleged that it
did not have sufficient financial support and adequate funds to comply with the
direction provided by the sub-divisional magistrate of the city of Ratlam.
After that, the Supreme Court gave the Municipality directions to obey the
instructions provided by the Sub Divisional Magistrate under Section 123 of the
Municipality Act , 1961, stating that the lack of funds is not a defence to carry out
the essential duties performed by the local authorities of a specific area. (8)

Issues Involved

Whether through affirmative movement a courtroom docket can compel a

statutory frame to perform obligation within the direction of network to have a
right sanitation facility at more fee and time certain basis?

8. https://lawtimesjournal.in/municipal-council-ratlam-vs-shri-vardhichand-ors-2/
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ARGUMENTS FROM PETITIONER

Municipal Council contended at the ground that the population of that locality has
picked that location with their very own choice and owners of the residence
absolutely aware of the unsanitary situations triumphing there. Thereby the
proprietor of the homes precluding their proper to the grievance approximately
the insanitary circumstance triumphing there. Municipal Council moreover
argued that there has been obstacle of economic assets for the development of and
provision of offerings to fulfill the commands given through the Sub Divisional
Magistrate of Ratlam metropolis.

ARGUMENTS FROM RESPONDENT

Respondents contended that the Municipality of Ratlam metropolis

had overlooked to satisfy its responsibilities furnished through the sub-divisional
Justice of the Peace to cope with public fitness which has through neglecting to
lower pollutants and different dangerous waste from affecting their homes.
Respondents focused to forestall pollutants introduced through runoff from a
close-by alcohol plant, moderation of open waste that accrued in open swimming
pools and inadequately tired areas, mitigation of malaria because of status
water, and therefore the manufacturing of sanitary centers to stop the glide
of excretory product into their neighboring areas.

JUDGEMENT

Justice Krishna Iyer distinguished the provisions within the IPC and Criminal
Procedure Code identifying with the law of nuisance and deciphered them within
the current case.
Initially, the extent that the statutory obligation goes, the municipality cannot avoid
its obligation disregarding its rule book/legislation which puts a positive
obligation thereon.
Secondly, the court considered the aspect of common nuisance in contravention of
Section 133 of the Criminal Procedure Code. (9)

8. https://lawtimesjournal.in/municipal-council-ratlam-vs-shri-vardhichand-ors-2/
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Section 133 to Section 143 of the Criminal Procedure Code is

exclusive provisions that lay down procedural further as substantive
law. They’re also called “summary remedies”. Section 133 sets out the authorities
of Magistrate/Sub Div. Magistrate together with the method where a “conditional
order” is given. as an example, one can truly constrain a police officer to
take action which might be passed on to the magistrate who issues show-cause
notice concerning the explanation asking the violator why the conditional order
shouldn’t be passed. He must appear before the magistrate for the equivalent.
This order is hence emptied (if compiled with) otherwise is made perpetual.
A public authority’s direction can not be defied and if not followed is punishable
under section 188 of the IPC 1860.
Section 188 of the IPC, mandates the satisfaction of the subsequent ingredients to
constitute a violation,
It is likewise proved with the help of using the proof given with the help of using
the candidates that occasionally the facility Alcohol manufacturing unit that’s
located outdoor the premises of the Municipal Council and it flows its grimy and
filthy water into the stated Nallah, because of this additionally the obnoxious
scent is spreading within the course of the New Road or so it’s far the bounden
obligation of the Municipal Council and also the Town Improvement Trust to try
and do the desirable on this respect.
The grimy water which flows from the toilets and urinals of the residential
homes has no outlet and since of this reason, there are numerous pits at the
southern aspect of the New Road and all of the pits are complete of grimy and
stinking water. So, it is pretty vital to assemble an outlet for the grimy water with
inside the stated locality. The Court held that the Municipal Council becomes
obliged to require duty for the situations of new Road, which are located to be
a public nuisance. This becomes the top results of a aggregate of legal guidelines:
– The Municipal Council’s obligation as stipulated in section 123 M.P.M.A. –
The authority of the Magistrate’s courtroom docket to form orders regarding
public nuisances as distinctive in section 133 Cr.P.C. (with the danger of punitive
enforcement in section 188 I.P.C.). The Municipal Council’s felony duties
covered presenting ok public latrines, filling with inside the cesspools, preventing
the float of effluent, and spraying capability malaria infestation. (10)

10. https://lawtimesjournal.in/municipal-council-ratlam-vs-shri-vardhichand-ors-2/
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The Court rejected the Municipal Council’s argument that economic constraints
prohibited it from obeying the Magistrate’s order. The Court held that the
Municipal Council might want to not “run far from its important obligation
with the help of using pleading economic lack of ability” which “decency and
dignity” are “nonnegotiable aspects of human rights” which constituted a “first
rate on neighborhood self-governing bodies.” The Court held that sanitized public
locations should no longer get on the threat of a “self created bankruptcy” or a
“perverted expenditure budget.
The Court held that it had the authority to want the Municipal Council to
undertake a specific scheme closer to assembly its duties below the order.
Justification for “affirmative motion on a time-sure basis” become on the premise
of the extreme circumstances, which include the sizeable loss
of managing malaria concerns.
Therefore the Court becomes obliged to act as greater than a mere “umpire” or
“adjudicator.” The Court selected one in all the three schemes offered with the
help of using professional engineers from each the Applicants and Respondents,
which offered stability among realizing the Municipal Council’s statutory duties,
and acknowledging its economic and time constraints. To additionally manipulate
the economic needs of the orders, and according with the directive important of
enhancing public fitness enshrined in Article forty seven of the Constitution, the
Court directed the authorities of Madhya Pradesh to lend the vital finances to the
Municipal Council. (11)

CONCLUSION

It’s visible that the judges have opted to be liberal in deciphering the ambit of
social justice. Apparently, the traditional historical past become additionally in
assist of the judgment as india had very lately confronted an emergency which
become notably puzzled on its unjustness. The case reiterates the broad
interpretation and also the role of the judges in reforming the laws of the country
by prioritizing the freedom and dignity of the people. The judiciary has
considered the human rights on one hand and also the environmental safety
alternatively because the 2 faces of the identical coin. The selection proves that
judiciary could be a protector of essential rights as during this situation it
covered the right of each man or woman with regards to surroundings below art.
21 of the constitution.

11. https://lawtimesjournal.in/municipal-council-ratlam-vs-shri-vardhichand-ors-2/
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This judgment became a watch opener for the overall public-lively people and
endorsed them to record petitions to clear up neighborhood environmental issues.
This reformed the whole device and a few of instances were filed prior
to exceptional courts in search of treatments towards environmental pollution.
The content material of the case visible at the side of the Article 32 and 226 of the
Constitution of India become to facilitate the emergence of PIL, having been
framed or amended upon the tenets of social justice. Definitely the case become
reasoned and justified with the help of using the Hon’ble judges of the Supreme
Court of India.
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BIBLIOGRAPHY

 https://lawtimesjournal.in/municipal-council-ratlam-vs-shri-vardhichand-
ors-2/

 https://lawdocs.in/listen-podcast/environmental-law/municipal-corpn-
ratlam-v-shri-vardichand

 https://www.escr-net.org/caselaw/2019/municipal-council-ratlam-
v-shri-vardhichand-others-1980-air-1622-1981-scr-1-
97#:~:text=Summary%3A,from%20a%20nearby%20alcohol
%20plant.

 https://www.legalserviceindia.com/legal/article-6431-case-
analysis-emperor-v-bal-gangadhar-tilak-1908.html