In its objections, Bangalore Club establishes itself as a private group of people
Bowring Club
Bengaluru: Citizens are up in arms against the state government’s wholly arbitrary attempt to regularise the city’s clubs, which are being referred to now as ‘public spaces’. Club administration members and legal experts, however, maintain that the government's arbitration is unconstitutional and in violation of Article 19(1)c of the Constitution, which grants all citizens the right to form ‘associations and unions’.
The Bangalore Turf Club and the Bangalore Club, two of the city’s most prominent private institutions of the kind, have filed objections to the government’s proposed bill to bring recreation clubs under their control. If the bill does become a law, the government will be able to put a stop to the supposedly westernised dress codes, regulate membership fees and assure memberships to all MLCs and MLA in the club of their choice. The dress code, which a lot of clubs follow, is one of the major points of contention.
Bangalore Club
The government’s draft says that no attire “reflecting Kannada culture” should be rejected – a move that hits out at institutions like Bangalore Club, Bowring Club and Bangalore Turf Club, which insist on a jacket-and-tie dress code. “By definition, a club is a group of likeminded people coming together to form a society to enjoy each other’s company in a manner they enjoy, doing the things they like doing. This includes dressing the way they wish,” said an angry member of a well-known club in Bengaluru.
In its objections, Bangalore Club establishes itself as a private group of people.
Cosmopolitan club
According to the letter, which was sent out on Thursday evening, “Our Club has not taken and does not take any benefits from the government. In as much at the land upon which our Club is situated, including all structures, facilities and amenities, belong to our Club and its members.” Referring to the term ‘Western culture’, which has been used in the Bill, the letter says, “Indian culture is much beyond mere dress and appearances and simply because we prescribe trousers, a shirt and shoes to be worn in a few areas of the Club, does not mean we are denigrating our Indian traditions and culture. The assumption that only a dhoti or a veshti reflects the true values of Indian or Kannada culture is wholly incorrect, apart from being totally arbitrary.”
Will the proposed bill hold water in a court of law? Experts don’t seem to think so. A member of a prominent club in the city calls this the ‘trial balloon technology’, saying, “Their philosophy is to stick a balloon in the air and see if it floats or not. They’re simply taking a chance on what appears to be a very weak wicket.”
On Friday, clubs were asked to given in details of land, liquor licenses and other administrative processes to the concerned House Committee. “A number of the clubs haven’t given us this information yet and they have been asked to submit it before the next meeting in two weeks,” said a member of the House Committee that oversees the working of clubs and associations.
‘Can’t deprive clubs’ rights’
Article 19 (1) (c) empowers a citizen to form an association under the Constitution. Bangalore Club is an association of friends recognised under this article. This fundamental right cannot be curtailed by the proposed bill by taking recourse to legislative enactment since the formation of an association does not violate any of the provisions of the Constitution. Any law curtailing such a right of forming association can only be enacted if the actions of the club is against the sovereignty or integrity of India, or security of the state, friendly relation with the foreign state, public order, decency, morality or in relation to the contempt of court, defamation or incitement to an offense is committed or likely to be committed. Under no stretch of imagination it could be said that the rules of admission or the activities of the club members has led to any one of the contiguous.
First of all, it’s obligatory on the part of the government to inform the public that what public interest will be served by compelling an association of friends to take in present and past members of Parliament or the legislature. The other categories mentioned in the bill, like ex-soldiers and ex-sportsmen, is only a camouflage to achieve the so-called public interest. Usurpation of such membership of a private club will certainly lead to total deprivation of a person's right to form an association of friends guaranteed under article 19 (1) (c).
‘Why can’t clubs allow indian attire?’
“There are many irregularities in the workings of clubs that we want to look into,” said a member of the House Committee on Working Style of Clubs, which oversees the city’s clubs and associations. Speaking strictly on condition of anonymity, he said, “Many clubs have not renewed their lease on their land, which is owned by the government. We are trying to look into how these clubs function and their underlying purpose.”
Although he describes this procedure as a ‘mere formality’, the proposed bill, should it be brought into effect, will give the government a significantly greater say in the workings of these privately-run institutions. The dress code is an issue, he agreed. “How can our own clubs not allow Indian attire? Before Independence, we fought the British for our rights. Today, we’re fighting among ourselves. Asking a person to dress neatly and decently is fair, but the emphasis on Western attire is uncalled for,” he added.
Granting MLAs and MPs memberships to clubs has been a hotly contested point, to which he said, “Civil servants are given memberships to clubs for as long as they are in office. There is a quota under which they apply. Why are we, the elected representatives of the people, being treated differently? It’s unfair to malign the entire political class and call them badly behaved. If I go to a club in my neighbourhood, I will be mixing with my voters. Any bad behaviour will backfire on me. It’s not up to clubs to fall back on their powerful members and assume that that sets them above the law.”
( Source : deccan chronicle )
Next Story
