Shrinking Public Spaces for Dissent in India
Supreme Court Justice Ujjal Bhuyan expressed concern over the diminishing avenues for expressing dissent in India, highlighting the arrest of students for campus protests and the prolonged delays in obtaining bail. Speaking on the judiciary’s role in safeguarding constitutional freedoms, Justice Bhuyan emphasized the growing criminalization of peaceful dissent in the country.
Justice Bhuyan, addressing the Justice GP Singh 4th Memorial Lecture at the National Law Institute University (NLIU) in Bhopal, warned that citizens are increasingly facing legal repercussions for exercising their right to protest. He noted that while courts often provide relief, it is typically delayed, and the imposition of restrictive bail conditions risks discouraging legitimate dissent.
Concerns Over Criminalization of Dissent
According to Justice Bhuyan, “Public space for expressing divergent opinions is shrinking in India. The right to express one’s views and to demonstrate peacefully are fundamental freedoms. Debate and dissent form the essence of democracy. Unfortunately, even normal activities are being criminalized.” He pointed out that environmental activists and students face increasing legal action, with students being arrested for protests and not receiving bail for extended periods.
He further remarked on the restrictive conditions often attached to bail, questioning whether such conditions discourage citizens from expressing dissent. For instance, he cited the case of a group of youngsters arrested for consuming chicken biryani while breaking their fast at the Ganga River, noting the absurdity of such actions being criminalized.
Call for Encouragement of Critical Thought
Justice Bhuyan urged universities to foster critical thinking rather than suppress uncomfortable questions. He emphasized the need for legal education to encourage curiosity and critical analysis, rather than mere adherence to prescribed texts. “Judgments should be critically examined and criticized if necessary,” he asserted, urging law students to question and analyze judicial decisions critically.
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Justice Bhuyan also highlighted the importance of judicial independence and the doctrine of separation of powers, describing it as fundamental to democratic governance. He warned against the erosion of this principle, citing a former Chief Justice’s statement about bridging the gap between the judiciary and the executive as fundamentally flawed.
Judiciary’s Role in Maintaining Public Trust
Justice Bhuyan underscored the importance of public trust in the judiciary, emphasizing that the judiciary’s legitimacy stems from the confidence of the people. He encouraged introspection and public critique of the judiciary, stating that robust debate strengthens democratic institutions.
Concluding on a hopeful note, Justice Bhuyan expressed optimism in the new generation of lawyers and law students, describing them as more committed to constitutional values than previous generations. “The new generation of lawyers and law students are far more committed to the rule of law and to the Constitution than my generation was. I see great hope in them,” he remarked.
