Critically introspect on progress in fulfilling constitutional values on Independence Day: Justice DY Chandrachud

Justice DY Chandrachud of the Supreme Court recently called for introspection on how we have furthered the ideals of the Constitution on the occasion of India's 75th Independence Day..While taking note of the strides taken by India since independence, the judge said, "Independence Day should not become another ritualistic celebration of our freedom struggle. Rather it should become a site for critical introspection of our progress in fulfilling the values of our Constitution which our Constitution makers, both women and men, aspired to achieve.".The Supreme Court judge was speaking at the Eleventh Convocation Ceremony and Founder’s Day celebration of Jindal Global University. .During his speech, he emphasised that even after 75 years of independence, many individuals and communities in our country were yet to effectively taste the fruits of the democracy inherited by us."Because of our hierarchical social and economic structures, many of our citizens are still deprived of equality in social and economic spheres. Dr Babasaheb Bhimrao Ambedkar warned us that our structures of political democracy are precarious until they are not supported by social democracy," he said. .He also said that in the 75th year of Independence, we must introspect if women were provided adequate opportunities to effectively exercise their freedom and participate in the nation's public life.The judge discussed a recent case that came before his bench, where an unmarried woman who was 24 weeks pregnant was denied the right to terminate her pregnancy under the Medical Termination of Pregnancy Act."We considered in our interim order the legislative intent of Parliament and purposively interpreted the provisions of the Act to uphold the right of unmarried women to seek a safe termination of pregnancy," he explained. .Beneficial provisions of abortion law cannot be denied to woman merely because she is unmarried: Supreme Court.However, he discussed what really bothered him - that many such women across India would find themselves in similar situations, without access to social or legal aid. The judge stated that this highlighted that although women may have access to material choices, the exercise of such choices was dependent on material preconditions..Our laws provide for formal equality of opportunity, however in reality we live in an asymmetrical world where opportunities are unequally distributed, he said. Therefore, he stressed that in our quest for social justice. we must strive to provide equal opportunities, especially to those from marginalised backgrounds..He went on to say that the responsibility of cultivating a social democracy was not limited to the government or judiciary, and that every citizen was required to participate in the slow but vital task of transforming our Constitution from a book of ideals to a reflection of reality."The branch of the State to which I belong, the judiciary ,has a vital role to play in fostering social democratic values. However the quest for a constitutional culture is not limited to court rooms or the black letter of the law.".Advising students on the ways they can contribute to strengthening the constitutional ethos of social democracy in India, the judge said that journalists could empower people by becoming their voice. He added that in an age of fake news and dis-information, we needed journalists more than ever to document the unseen and expose the fault lines in our society"The Supreme Court observed that India's freedom will rest safe as long as journalists can speak truth to power, without being chilled by the threat of reprisal.".He went on to say that those choosing to be business managers and entrepreneurs could ensure that they provide more employment opportunities to women and those from marginalised backgrounds, particularly in key managerial positions. "Although the free market economy has increased opportunities for everyone, it is also created a myth of merit which disadvantages the underprivilege...".Justice Chandrachud concluded his address by highlighting that independence did not just mark a freedom from colonial rule, but was a watershed in a social transformation that our society intended to achieve."I'm sure that all of you will heed the call, the future beckons and good things are in store for all of you."