Paradoxical That Countries With Harsh Immigration Laws & Excessive Force Use Claim To Be Human Rights Champions : Justice Surya Kant

Justice Surya Kant, Judge of the Supreme Court, addressing an international audience, said that India has historically demonstrated a strong commitment to human rights, rooted in its constitutional framework and heritage, even much before conversations about human rights gained widespread global traction.

Speaking at the Embassy of India in Sweden on the topic "Human Rights, The Indian Constitution and India as a Resilient Power", Justice Kant also underscored the paradox in countries with rigid immigration policies and use of excessive force against minor violations positioning themselves as champions of human rights.

"To be candid, it is somewhat paradoxical when countries with some of the most rigid immigration policies—and a documented tendency to resort to excessive use of force, even in response to minor infractions—position themselves as the foremost champions of human rights. Such critiques, when unaccompanied by self-reflection or contextual understanding, undermine the very values they claim to uphold," Justice Kant said.

Justice Kant said that every nation crafts its human rights framework and crisis responses in accordance with its legal traditions, socio-political realities, and cultural ethos. According to him, it is vital to recognize and respect this diversity of approaches.

"Meaningful progress lies not in uniformity, but in mutual understanding, where each nation is afforded the dignity of its own path, shaped by both heritage and contemporary responsibility," he opined.

"India remains resolutely committed to strengthening its human rights framework and evolving a more effective, humane response to the refugee crisis that continues to challenge the global conscience. While the international community grapples with complex questions of displacement, identity, and protection, India draws strength from a civilizational ethos that has long upheld the principles of compassion, dignity, and shelter," he added.

Justice Kant said in his address that India's endeavour is to harmonize its historical wisdom with contemporary, rights-based governance.

He opened his lecture with a light remark on the contrasting coffee cultures in India and Sweden. Referring to Sweden's Fika, India's Coorg Coffee, quick espressos of Italy, the delicate tasses of France to the sweet, condensed richness of Vietnamese coffee, he said, "Coffee, it seems, is a near-universal experience, yet one shaped in profoundly local ways."

Drawing an analogy from the diverse coffee cultures, he said, "just as coffee is experienced and interpreted differently across cultures—shaped by social practices, historical contexts, and local conditions—the framework for Human Rights in each country is deeply influenced by its legal traditions, constitutional structures, and socio- economic realities."

Justice Kant elaborated on the historical evolution of the human rights framework in India. During the Vedic era, the notion of Human Rights was rooted in the principle of Dharma, encompassing duties, rights and moral obligations within a cosmic order. He then mentioned the changes during the Islamic rule, the early phase of which was marked by invasions and conquests, and was accompanied by widespread discriminatory practices and rights violations. However, in the later stages— particularly during the reigns of emperors Akbar and Jahangir—we begin to see the emergence of more progressive and nuanced governance. "These periods witnessed the articulation of principles akin to modern legal precepts, including due process, fair trial, and a degree of religious tolerance, such as the freedom to choose one's faith," he said.

This was followed by the dark period of Colonial rule,marked by systematic economic exploitation, cultural marginalization, and political repression.

With the birth of the Constitution, human rights were elevated to a fundamental stature. "These rights are safeguarded by the Judiciary, which stands as a vigilant guardian to ensure that neither the Legislature nor the Executive infringes upon them," he said.

"The Indian Judiciary, in particular, has played a pivotal role in interpreting and expanding the scope of Fundamental Rights, thereby transforming constitutional guarantees into a dynamic and evolving Human Rights framework. Through progressive jurisprudence, the courts have consistently broadened the ambit of these rights to encompass a wider range of protections that align with globally recognised Human Rights standards," Justice Kant said.

"The Indian Judiciary has undoubtedly played a proactive role in safeguarding human rights, most notably through the evolution of Public Interest Litigation (PIL), which allows any individual or group to approach the Court to address issues of public concern, thus significantly widening access to justice. Constitutional Courts have also taken suo motu cognizance of urgent Human Rights concerns and issued guidelines, directives, and binding orders to government bodies where necessary," Justice Kant said.

Justice Kant underscored the significance of the Protection of Human Rights Act, 1993, which established the National and State Human Rights Commissions. He highlighted that these bodies function not merely as grievance redressal forums but also as vital instruments for systemic reform and accountability, reinforcing India's obligations under international conventions like the ICCPR and ICESCR.