Nurture Spirit Of Fraternity To Create An Inclusive India Overcoming Barriers Of Caste, Religion, Class Etc. : Ex-CJI DY Chandrachud

Former Chief Justice of India DY Chandrachud on Friday said that unless we embody the spirit of Fraternity, we would not abe able to create an India which is inclusive overcoming the shadows of caste, creed, religion, gender and class.

"The path forward is ours to decide, whether we can rise above the shadows of caste, religion, gender and class to create an India that is inclusive and just depends on how deeply we embody the ethics of fraternity," he said.

The former CJI was speaking at the Constitution Day Law Lecture organized by Kerala High Court Advocates Association at the High Court of Kerala. The topic of his lecture was "Fraternity under Constitution- our quest for an inclusive society."

In his lecture, Justice Chandrachud explained Dr Ambedkar's perception of Fraternity and said that "Ambedkar viewed fraternity as an ethic of love. Love is a powerful emotion, incites emotion for others." 

He added that Dr. Ambedkar saw the Constitution as a document of political transformation and believed that the destiny of the nation would be secured if we were one.

"We must create space for our differences in identity, politics and ideas."

Justice Chandrachud underlined how Fraternity could be used as an essential tool in eliminating all social discrimination by binding all diverse communities together.

"Fraternal bond is meant to preserve differences and to end discrimination. It does not steamroll differences, but to preserve the innate value of human dignity while recognising differences in identity are a source of strength for a diverse and inclusive society."

He illustrated that just as one would look out for a family member out of love, even if one is not well off, the power of Fraternity allows accommodation of uniqueness while there might be differences. 

Justice Chandrachud recalled how recently, the Top Court in Om Rathod v. Director General of Health used the value of fraternity to give relief to a disabled student denied of admission to MBBS Course. 

Fraternity As The Root Of Democracy: Justice DY Chandrachud Explains 

Justice Chandrachud opined that Fraternity being the root of democracy is "mutually reinforced by equality, liberty, and justice." 

He further dwelled that since a sense of brotherhood is cultivated by Fraternity, the values of Equality, Liberty and Justice become relevant to encourage the coexistence of diverse communities. 

He cited the landmark decision in Navtej Singh Johar v. Union of India, to exemplify how the principle of Fraternity was not only applied to uphold the dignity of the LGBTQ+ community but was also linked to Constitutional Morality. 

"The diversity of cases where Fraternity was used shows that the idea of constitutional morality is an idea born out of Ambedkar. Both these ideas share a link," Justice Chandrachud added.  

The former CJI ended the address by urging the young generation to embrace the value of Fraternity as a guiding star. 

"The question before young people is what your guiding star will be. The path forward is ours to decide, whether we can rise above the shadows of caste, religion, gender and class to create an India that is inclusive and just depends on how deeply we embody the ethics of fraternity."

"In the spirit of fraternity, I urge you to think of our Constitution not as a document of rules but as a living testament to our aspirations. Fraternity is not a mere word in preamble" 

"Our ability to survive as a nation, and as humanity depends on how we deal with barriers we have created and which have overtaken us. Let us nurture fraternity so that liberty, equality and justice may seem a little more achievable for generations to come."