A couple of days ago, India celebrated its Constitution Day – the day when the Indian Constitution was adopted by the Constituent Assembly, paving the way for the country to become a Republic and hold its first general elections. Gaining independence relatively late compared to many other democratic nations, India had the advantage of studying and drawing inspiration from the constitutions of other countries. The Indian Constitution incorporates elements from the American Constitution, various European constitutions, and legal frameworks from other nations.
India has witnessed multiple instances where Freedom of Expression has been curtailed, often under the pretext of protecting the sentiments of certain sections of society. Notable examples include the banning of Salman Rushdie’s book and the subsequent risk he faces in visiting India; the vandalism of MF Hussain’s works, forcing him to flee the country and preventing his return, even in death; the banning of Shabana Azmi’s Water; and the recent controversy surrounding Padmavati, with threats against its actors and director, and several states preemptively banning the film. These instances are not tied to any one government – such actions span multiple administrations over the years, occurring at both central and state levels, as well as on local scales.
The issue extends beyond Freedom of Expression. It also encompasses deeply personal choices – whom to marry or love, what to wear, and what to eat – all of which have been dictated and restricted over the 68 years since these principles were written into the Constitution. This brings us to the question of Equality. Women, in particular, face the brunt of these restrictions, as society continues to treat them differently from men. They are subjected to harassment – both physical and mental – not only in workplaces but also in their homes, often by those who are meant to protect them. Access to Justice remains challenging, with courts frequently holding outdated views, further compounding the problem.
Given this pervasive mindset – in our families, society, politics, legal systems, and even in the state machinery entrusted with upholding citizens’ rights – how can the Indian Constitution ensure the dignity of the individual and maintain the unity and integrity of the nation (Fraternity)?