Hyderabad, citing an example of his daughter’s Muslim friend being denied housing because of her religious identity, Justice Ujjal Bhuyan of the Supreme Court said such cases show how far the country still remains from the standard of constitutional morality.
Justice Bhuiyan, who was speaking at a seminar organized by the Telangana Judges Association and Telangana State Judicial Academy, said constitutional morality should trump public morality, “even if it is the majority view”.
He also pointed out that although court costs in India are relatively low compared to other countries, the associated expenses, including attorney’s fees, make it almost impossible for ordinary citizens in remote areas to approach the courts.
He said that constitutional morality is the standard that the law expects citizens to adhere to, adding that the goal of the Constitution is brotherhood and brotherhood.
He said: “The focus on constitutional morality is based on the premise that the morality we practice at home or within communities may not live up to, or differ from, the level of morality that the Constitution expects us to uphold.”
He added that these differences appear particularly in matters of marriage and renting buildings.
He cited the example of his daughter’s friend, a doctoral researcher, who was refused housing by her landlady who runs a hostel for working women in Delhi because of her Muslim identity.
Referring to media reports, Justice Bhuyan referred to another case of parents protesting strongly against a Dalit cook preparing food under the mid-day meal scheme.
“These are just random examples – just the tip of the iceberg. They reveal how deep our societal fault lines run and show how far we still are from the standard of constitutional morality, even 75 years into our republic,” he said.
Referring to the Delhi High Court’s judgment in the Naz Foundation case, he pointed out that the court held that popular morality and public disapproval were not valid grounds for restricting fundamental rights under Article 21.
He said that popular morality differs from constitutional morality, because the latter is rooted in constitutional values.
“In our scheme of things, constitutional morality should trump public morality, even if it reflects the majority view,” he said.
Regarding gender representation in the judiciary, Justice Bhuyan said the entry of women into the judicial service has gained momentum across the country in recent years.
He added that Telangana has taken the lead in improving gender representation in the judiciary.
Regarding the representation of marginalized communities in the Telangana judiciary, he said there were 76 judicial officers in the Supreme Court across three cadres, 46 judicial officers in the ST and 25 officers from minority communities.
While there is scope for further improvement in representation, including representation of minorities, he said the current numbers reflect the vibrant democracy and inclusive culture of Telangana.
“It is also encouraging to note that there are five judicial officers in the state who have overcome physical disabilities,” he added.
This article was generated from an automated news feed without any modifications to the text.
