The Madras High Court has paved the way for an activist in Tamil Nadu to honor Jesuit priest and tribal rights advocate Stan Swamy by constructing a memorial on private land. Despite staunch opposition from the State, the court upheld the principle that individuals have the right to commemorate figures of personal significance on their own property.
The court’s ruling quashed a 2021 order by local authorities that barred Piyush Sethia, an activist from Salem, from erecting a stone pillar memorial in Dharmapuri district. Justice M. Dhandapani emphasized that there was no legal obstacle to the construction, provided it did not incite public discord or harm communal harmony.
“Father Stan Swamy dedicated his life to the welfare of tribal communities. The petitioner’s right to erect a memorial on private land cannot be curtailed unless it threatens societal peace,” the court remarked, adding that Sethia had pledged to bear all expenses for the project.
The State and district authorities argued vehemently against the memorial, citing Swamy’s alleged ties to extremist groups and raising concerns about potential law-and-order disruptions. However, the court dismissed these objections, noting that the memorial would not cause public inconvenience.
Sethia, inspired by Swamy’s tireless advocacy for tribal rights, described the late priest as a mentor and idol. His plans include a stone pillar adorned with Swamy’s image, commemorating a legacy of justice and compassion.
This ruling follows Swamy’s death in 2021 while in custody as an undertrial in the Elgar Parishad-Bhima Koregaon case. The case had drawn national and international scrutiny over alleged human rights violations.
With this decision, the court reaffirmed the sanctity of private property rights and individual freedom to honor personal heroes, ensuring that Swamy’s legacy continues to inspire advocacy for marginalized communities.
