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Chief Justice of India Dr Justice Dhananjaya Y Chandrachud speaks during the inaugural ceremony of Dr. Rajendra Prasad National Law University in Prayagraj on Feb. 16. Dr. Dhananjay Yashwant Chandrachud retired at the weekend, teaching civil society and religious minorities a valuable lesson — don’t pin your hopes too high on the pedigree of a judge, on his record in the high courts, and certainly not on what he says in seminars and articles.
The Supreme Court is the final hope for religious minorities that human rights and freedom of faith enshrined in the constitution are not eroded by parliament or state legislatures that are increasingly implementing an acrid agenda of demonizing and targeting Muslims — who are around 15 percent of the population — and Christians who number a mere 2.3 percent, according to the last census in 2011.
This amendment, brought at the behest of conservative Hindu leaders in the then Congress government, also serves as a powerful anti-conversion law for the country’s 15 percent community of former untouchable castes which are now grouped as Scheduled Castes. They call themselves Dalits, the broken people.
Christians, in particular, had set high hopes when a known “liberal,” the son of a former chief justice, with a good track record in the Bombay High Court, and a great media reputation, was first elevated to the Supreme Court in 2016. At a more generic level on the health of the republic, among the few in the world of its size that was not communist, oligarchic, a police state, or an outright dictatorship, there was the issue of its electoral system.
Bail is the rule, jail is the exception, Chandrachud said on multiple occasions. Some people got bail despite the heinous crime for which they had been charged. Others are still in their cell after four years without a trial, their applications put off month after month, year after year.
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