According to the CJI, dominant groups frequently dictate morality, and members of weaker and marginalised groups are pushed to comply.
Chief Justice of India (CJI) DY Chandrachud observed on Saturday that hundreds of young people in India lose their lives to honor killings just because they fall in love with someone, marry outside of their caste, or go against the wishes of their families.
According to the CJI, morality is a subjective idea that differs from person to person.
He quoted an article that explained how a 15-year-old girl’s parents murdered her in Uttar Pradesh in 1991.
“According to the article, residents accepted the crime. Their activities were acceptable and justified (for them) since they adhered to the society’s code of behaviour. However, is this the code of conduct that sane individuals would have proposed? If this is not a code of conduct that sensible people would have proposed, then what is it? Many people are murdered each year for falling in love, marrying outside their caste, or marrying against the wishes of their family” he stated.
According to the CJI, morality is typically dictated by dominant groups.
As a result of oppression, he argued, members of weaker and marginalised groups are compelled to surrender to dominant groups and cannot build own counterculture.
“Who determines the moral code or standards of conduct? The dominating groupings, which dominate the less powerful ones. The vulnerable groups are positioned at the bottom of the social hierarchy, and even if their permission is obtained, it is a myth” he remarked.
For their own survival, individuals of marginalised cultures have no choice but to adapt to the dominant culture, according to the CJI.
“As a result of humiliation and isolation at the hands of oppressor groups, vulnerable segments of society are unable to establish a counterculture. If disadvantaged groups create a counterculture, it is suppressed by government groups in order to further alienate them “In reference to the ‘negotiation of morality due to power disparity,’ the CJI stated:
In Mumbai, the CJI delivered the Ashok Desai Memorial Lecture on Law and Morality, which was organised by the Bombay Bar Association.
During his address, the CJI mentioned the Supreme Court decision that decriminalised homosexuality in India.
“We remedied the wrong. Section 377 of the Indian Penal Code (IPC) was founded on outdated morals. Constitutional morality prioritises individual rights and safeguards them from societal morality norms.”
In a similar vein, he referred to a Constitution bench decision that unanimously knocked down Section 497 of the IPC, which criminalised adultery.
“We are guided by the progressive constitution’s guiding principles. They demonstrate that our private and professional lives are not apart from the Constitution.”
He concluded that the Indian Constitution was not intended for people as they were, but how they should be.
“It is the standard-bearer for our basic rights. It directs our daily lives.”
During his presentation, the CJI reaffirmed that every case that comes before a High Court or Supreme Court is of same importance, and that judges do not choose between cases.
The CJI emphasised that individuals have confidence in the courts to preserve their personal liberty.
“No case is too big or too small for any court, whether the Supreme Court or the High Court,” he remarked.
Written By: Lakshman Singh, BBA LLB (Hons.), Shri Ramswaroop Memorial University, Lucknow
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