- People in the know would be aware as to how the subject topic has been raging over the years when the three pillars of the Constitution accuse each other of overstepping into another’s domain. The Executive and the Legislature has more often than not cried foul as and when the Judiciary has stepped into rule on matters perceived as overarching activism or judicial activism. Mind you, the Supreme Court is the final authority on the upholding of the Constitution mandated rights which the august court of the country has been successful to a great extent so far. Of course, the dark days of emergency in the 1970s would be an exception when the Judiciary momentarily failed to honour the true letter and the spirit of the Constitution.
PC: ARFA JAVAID
- There are several instances reported in the past as well as during the present times when the citizens’ fundamental rights are violated leading to the people approaching the portals of the constitutional courts for protection. In a vast, diverse, and populous country like India, it is an onerous task to ensure the fundamental rights are protected without allowing any miscarriage of justice where every individual lacks resources to fight. No wonder, there is a widespread cynicism prevalent amongst the countrymen to approach courts for seeking relief and justice. Such has been the widely reported travails of common citizens who might have to spend decades to finally receive judgement.
- The only hope for such people is for the constitutional courts to stand behind them with a fair ruling. Against this backdrop, timely interventions last week by Madras and Gujarat high courts yet again renewed hope for some very vulnerable individuals living on the margins of society. Madras High Court’s Justice Anand Venkatesh termed as unfortunate NCERT’s withdrawal of an action plan to ease education pathways for gender non-conforming children. The report aimed to sensitise and prepare school teachers’ for accepting and handling gender non-conforming children besides acting as a link to parents to help the children secure vital family support.
PC: macrovector
- The judge slammed the pressure tactics on NCERT and bemoaned the kneejerk withdrawal of the painstakingly produced report hours after being published, without due process like consultation or meetings to address grievances against the action plan. As reported earlier, the decision of the Ahmedabad municipal authorities to act against the non-vegetarian food vendors selling in public was widely condemned for its narrow-minded peremptory targeting of a particular segment of the community. This, despite due procedure laid down by the Street Vendors Protection of Livelihood and Regulation of Streetvending Act 2014 being completely ignored for parochial considerations.
- In a blow for individual dietary choices, Gujarat HC’s Justice Biren Vaishnav asked Ahmedabad municipal authorities: How can you decide what I eat outside? and rightly so. Make no mistake, such judicial pushback against decisions hurting citizens’ fundamental rights to equality and livelihood choice is most welcome. We, as the citizens, would not mind the Judiciary overreaching or actively pursuing where our rights are in danger of being usurped. The ordinary citizens of the country would fervently pray and wish the ranks of judges like Justices Venkatesh and Vaishnav may keep swelling perpetually.
