Justice Chandrachud was speaking at Vadodara Literature Fest 4.0 at Parul University. (Express Photo)
Right to speech should not be exercised to generate hate towards other people’s right to speech, said former Chief Justice of India Justice D Y Chandrachud on Wednesday.
Speaking of the diversity in the nation, Justice Chandrachud said that accepting the fact that others have rights, too, is necessary to “create a perfect balance in the society”.
Justice Chandrachud was speaking at Vadodara Literature Fest 4.0 at Parul University where he interacted with participants over constitutional values and the democratic thinking, signing copies of his book ‘Why the Constitution Matters’.
Interacting with the participants, Justice Chandrachud referred to the Constitution as a “living document that defends the principles of justice, equality, liberty, and ethical conduct in the institutions”.
Speaking about the significant role that citizens and institutions play in upholding the constitutional morality in a dynamic democracy, Justice Chandrachud said, “The Constitution gives you rights. But once you realise and accept that others have rights too, that’s when you can create a perfect balance in the society. We have the right to speech, but we should not exercise it in a way that generates hate towards other people’s right to speech.”
“Constitutional rights require balance in a plural society. Freedom of speech is a right, but it must be exercised responsibly. When speech degenerates into hate, it threatens democratic order. Institutions are central to the functioning of democracy. Allow yourself space to let diverse ideas enter your mind. Give yourself the freedom to explore diversity and gain exposure. You expand spaces, create opportunities for equality and people will grab it,” he explained.
Justice Chandrachud also spoke about the diversity of the country and urged people to “hear diverse ideas”. “The true strength of India comes from its diversity. So, respect each other… Understand each other. Read diversely. Read beyond what is familiar, beyond what your understanding is. If you don’t accept the ability of others to shock you, you will not evolve,” Justice Chandrachud said.
Referring to the platform that literature festivals provide for discussions, he said, “Literature should not just entertain you or make you comfortable. It should shock you, challenge you, and make you think… Allow yourself space to let diverse ideas come to your mind… You don’t have to do a lot of big things to make a difference in the world. Just some small random acts of kindness that should allow you to believe that you have made a difference in the world. Despite numerous differences, what binds us together is the shared value of India as our nation.”
Justice Chandrachud also spoke about “facial neutrality” of law, which was “discriminatory”– a core concept of law that had been reflected in several judgments delivered by him during his tenure. He said, “The devil is always in the fine print… Facially neutral criteria may actually operate to discriminate in society… Our society is just coming out of its patriarchal mindset… You expand space, create space for equality and people will take it.”
Justice Chandrachud emphasised on the need to design public places to be disability-friendly. “Designed for default must be disability-friendly. We need to redesign public spaces to make them disability friendly. We have to think that disability is not a medical issue but the burden we impose on them. Changing mindset is critical when we look upon people with disabilities… Create an equal opportunity for them and they will progress.”
Former Chief of the Army Staff General Manoj Mukund Naravane also graced the Literature Festival on Wednesday, sharing his experiences in military command to reflect on values of leadership, discipline, and service to the nation. Naravane said that institutions carry a responsibility of protecting national security and maintaining public trust. “Morally right thing will seem hard; but you need to choose the harder — right than the easier– wrong… The Army is not the only democratic force that this nation has. You all who are sitting here and are out there, each and everyone of you contribute to the nation’s security and democracy.”
Curated by Dr. Elena Rodriguez
