Republic Day stands as a proud testimon to the enduring Legacy of Dr BR edar honoring his Monumental contributions to our nation As We Gather here to honor and delve into the rich Legacy of Dr BR edar let us Begin by celebrating the spirit of our nation I request everyone
To kindly rise for the national anthem PAB s Gujarat Marata V I now invite Dr Deepa Kumar shasa Dean ug studies and director in charge School of Law and governance to kindly deliver the welcome address good morning one and all the constitution of India is a leaving document leaving instrument with capabilities of enormous dynamism it is a constitution made for a
Progressive Society working on such a constitution depends upon the prevalent atmosphere and conditions with these words is spoken by our esteemed Chief guest for today honorable Mr Justice Deepak Mishra G I take this opportunity to welcome you all to the auspicious occasion it is a matter of great honor and pride for me
To welcome you and express my gratitude for participating in the third BR ambedkar Memorial lecture organized by the hiah National University rur I would like to take this opportunity to express my profound appreciation for the chief guest of this ceremony honorable Mr Justice Deepak Mishra G former Chief Justice of India and distinguished
Jurist professor of hiah National University who has kindly consented to be the chief guest and to deliver the third Dr BR edar Memorial lecture on the theme actualization of Dr ambedkar’s ideas inclusiveness equality and affirmative rights honorable Mr Justice Deepak Mishi born on 3rd October 1953 he was enrolled as an advocate on
14th February 1977 and practiced in constitutional civil criminal Revenue service and sales tax matters in the orisa high court and the service tribunal sir was appointed as an additional judge of the orisa high court on 17th January 1996 and transferred to the madhya Pradesh high court on 3rd March
1997 he became permanent judge on 19th December 1997 Justice mishraa assumed charge of the office of the Chief Justice of Patna high court on 23rd December 2009 and charge of the office of the Chief Justice of Delhi high court on 24th May 20 2010 sir was elevated as a judge
Supreme Court of India in 2011 and appointed as the Chief Justice of India on 288 2017 after an illustrious reason in the Indian Judiciary sir retired on October 2 2018 sir we extend our hearty welcome to you at hnlu we sell with joy and pride to have our mentor and Guiding Light Professor
Dr VC vivekanandan sir honorable Vice Chancellor of the hiah national law University our vice chancellor who is an inspiring leader and a rare combination of vision Insight intellect and energy we welcome you sir from our bottom of heart we welcome Dr vien Kumar registra of hiah National University who has been
An administrative backbone of this institution since the day he assumed his office we extend a joyous Welcome to our Deans financial advisor s Tara Shas ra G and the staff member of this program your presence motivation truly count we also welcome members of the press and other distinguished members of
The legal fraternity and last but far from the least me my beloved student of hiah national La University and students from itm University and rawatpura sarari University we have you have joined who have joined to us to uh joined us to here to our esteemed dignitary once
Again it is my honor and welcome you all to the vibrant and colorful Campus of hnlu J hin J bhat thank you sir I now request Professor Dr VC Vive anandan honorable Vice Chancellor aanu to deliver the opening remarks honorable Mr Justice Deepak Mishra former cji of India and also the distinguished
Jurist professor of hnlu Dr vipen Kumar registar in charge of hnlu Dr Deepak sasta Dean undergraduate studies other Deans colleagues students from hnlu and students from other institutions and other distinguished guests who have gathered here today let me start with a quote however good a constitution may be
If those who are implementing it are not good it will prove to be bad however bad a constitution may be if those implementing it are good it will prove to be good this is from Dr ambedkar on Whose name the memorial lecture is organized today the realization of Dr
Ambedkar’s dreams is a complex and ongoing process and the assessment of their fulfillment depends upon various factors ambedkar a key architect of Indian constitution envisioned a society based on principles of social justice equality and the empowerment of the marginalized communities while progress has been made in many areas challenges
And gaps persist if I may highlight few according to me what is the progress and what is the challenge when it comes to social equality and cast discrimination the progress is that several policy measures have been implemented to address cast based discrimination including affirmative action there has been an increase in political
Representation of the marginalized communities that is the progress but there’s a challenge cast discrimination still exists in various form forms affecting social interactions education and employment deep rooted social prejudices and stereotypes continue to pose challenges to achieving true social equality the next aspect today we need to touch upon is educational
Empowerment the progress reports reads that efforts have been made to increase access to education for marginalized communities through reservations and special schemes literacy rates among these communities has certainly improved but on the challenge part the educational disparities persist and quality education remains still a concern access to higher education and
Employment opportunities for the marginalized groups continues to be a yawning Gap and a challenge if I look at economic empowerment and poverty alleviation the progress card reads various poverty alleviation programs and economic empowerment initiatives have been continuously launched there has been economic progress in certain sections of the society no doubt about
That but the challenges are that the disparities are also huge poverty Still Remains a challenge especially in rural areas land reforms and equitable distribution of resources have been a limited success if I look at the next part political representation there has been an increase in political representation of marginalized
Communities with reserved seats in legislative bodies several political leaders from these communities have played significant roles in our post Independence period but the challenges at times it is referred is it a tokenism is it a limited empowerment and the need for broader political participation still persists effective representation at decision-making levels
In very many institutions there is definitely a deficit card look at dignity and human rights the progress is legal Frameworks and human rights protection have been established awareness about human rights has increased overall but in challenge part incidents of discrimination violence and human right abuses continue to occur enforcement of Human Rights standards
Are uneven look at legal reforms and social justice which all of us are directly involved the Indian constitution provides for a strong Foundation of social justice and individual rights legal reforms in including recent judgments does reflect efforts to address these issues but the challenge part implementation of this
Legal provision and ensuring Justice for committees again is a challenge let me last come to the most neglected part or which has been taken only in recent times is women’s rights which ambedkar has spoken a lot so legal reforms have been enacted to protect women rights women’s rights and the Judiciary has
Definitely played a Stellar role in challenging discriminatory practices but gender based discrimination and violence persist achieving gender equality in various spheres remains an ongoing struggle for 50% of the population in the country which are women while progress has been made in several areas it is crucial to recognize achieving a
Comprehensive Vision outlined by Dr ambedkar is a long-term and evolving process this Memorial lecture instituted at hnlu is an humble effort to disseminate critique unto cograph the Future Path envisioned by the most incisive legal minds of our times hnl is thrilled and excited to have our distinguished jurist Professor honorable
Justice Deepak Mishra who served as a jurist for many decades including Dawning the mantle of the Chief Justice of India between 2017 and 18 in his 13 months of heading the highest court of India his judgments were high octane reverberating even today if just iight few about my speakers before I uh leave
The floor for him to you know interact with you in May 2017 honorable Mr Justice Deepak Mishra prided over hearings petitioned by politic politicians namely Rahul Gandhi arind krial and subramanyam Swami during these proceedings he asserted that an individual’s reputation should not be sacrificed at the altar of someone
Else’s right to free speech he speaks his mind and he set his tone on this the thing between what you call a defamation as well as free speech I quote him the right to reputation is an integral part of article 21 of the Constitution it’s a fundamental right of the individual the
Bench upheld the 15 old def law but in a very incisive and different way when he explained it coming to reforms which the majority of the citizens are affected is that of police where within 10 days of assuming the office he issued a ruling aimed at enhancing the transparency and
Accountability of the police force the Supreme Court directed all states to ensure first information reports are made available online within 24 hours of registration the this measure according to the bench would enable affected parties to seek redress in courts more effectively so you can talk about his
Initiative in terms of a digital world connecting with the most vexatious area what you call as police fi and related issues then comes played a petal role in The Landmark Supreme Court decision declaring section 377 of the Indian penal code AS unconstitutional section 377 criminalized GX with a provision for
Imprisonment up to 5 years honorable cji at the time emphasized this section violated the fundamental rights to choose a partner without fear and the basic right to Championship you look at it this is we are talking about almost nearing a decade and this has completely changed about anyone who had a different
Impression about how Indian Judiciary and its interpretation moves comp compar to the rest of the world then comes again in the final week of his tenure he declared section 497 of the IPC unconstitutional this section defined adultery as a crime specifying it as an offense committed by a man against a
Married man if he engaged on an adulterous relationship with the latest wife the court struck down for violating again fundamental right of equality and he had his very incisive explanation why he took this decision and endorsed it and also the bench up the Constitutional validity of Adar providing relief to the
Government while the Court ruled the other could not be made mandatory for social welfare schemes availing rights it does validate government’s notification of linking it with pan so a very differential angle about privacy where he talks about individuals you know privacy rights Etc otherwise visavi what government can do with this
Identification and most important other two three couple of things which I will tell to finish is the Supreme Court headed by him declared the 19665 Kerala government rule barring women of menstruating age from entering the sabar Mala Temple as unconstitutional the ruling affirmed that women of all ages have the
Constitutional right to enter the temple emphasizing that religion is a way of life with dignity equal for men and women I do remember in another lecture where we invited him somewhere else he wonderfully talked about constitutional morality and its clash with other age-old religious and other things and
Where does the balance lies and how one has to look was done then he also said as I said I think his love for technology is quite high so I would say that he said that in a significant judgment he said live streaming of Supreme Court proceedings in his
Decision the bench led by him stated that live streaming would bring transparency and accountability to the judicial process reflecting a commitment to public interest and finally I think you know everybody rejoiced this during his tenure the nine judge bench of the Supreme Court declared the right of privacy as a fundamental right further
Strengthening individual liberties sir we are honored of your acceptance to be our distinguished jist professor and to be with us today to deliver this Memorial lecture we are confident and optimistic that this first visit of yours will be followed with many more visits to our campus to interact with our students and
Faculty and share your experiential thoughts and decisions when as a jurist what you are sir we extend our hearty welcome to you today thank you thank you sir for your insightful opening remarks which has beautifully set the tone for today’s enriching lecture it is a distinct honor to invite
Honorable Mr Justice Deepak Mishra former Chief Justice of India and distinguished jurist professor at H nilu to deliver the third Dr BR edar lecture Memorial lecture on actual I ization of Dr ambedkar’s idea inclusiveness equality and affirmative actions honorable sir may I kindly request you to grace us with your lecture
Professor Dr BC VI anandan Vice Chancellor hnlu Dr Deepak sastav Dr bin Kumar members of The Faculty friends from the electronic and print media my dear students ladies and gentlemen whatever has been told by Mr sastav and the vice Chancellor I would request you to forget I assume you are
Here to listen to me with regard to edar isn’t it the eminent Dr ambedkar prior to that I must tell you I am extremely delighted to be amongst you on this red letter day the Republic Day and I must unhesitatingly admit that it’s really a great great occasion to
Share the thoughts of Dr ambedkar with Young intellectuals I treat you as the jars of FLW because you are the student of a great University and guided a by a wise Vice Chancellor and a hardworking faculty right all right Dr edar an eminent personality in the history of India believed with deepest
Faith and fought with active concern for social justice that put human dignity self-respect and reclaimation of human personality on the highest pedestal a thinker who believed in Democratic philosophy that encapsulated the fundamental principles of Liberty equality and fraternity he was very keen for a just society that would include the disad advantaged
Marginalized and underprivileged categories of the society I as a student of Law and history consider that Humanity has witnessed two illustrious and dedicated action oriented protagonists who had the about purpose to elevate the conditions of suffering class they are President Abraham Lincoln of United States of America and Dr BR edar the
Chief Architect of our constitution I say without any fear of contradiction Dr ambedkar shall always remain relevant for any society and can never and I may never be dated time cannot erase him time cannot if face him time cannot destroy his thoughts that is Dr ambedkar’s way of
Thinking of social justice as well as Dem democracy Dr edar as the chairman of the drafting Committee of the Constitution of India had effectively speed social Reformation in our great country as a norm Builder he believed in the concept and actualization of social democracy throughout my speech I’ll be emphasizing on social
Democracy without getting it divorced from political democracy and economic equality while speaking about social democracy ambedkar said I quote him political democracy cannot last unless there lies at the base of it social democracy what does social democracy mean it means a way of life which recognizes Liberty equality and
Fraternity as the principles of Life his ideas on inclusion and affirmation in the context of dealing with historical oppression faced by the marginalized sections of our society has immensely influenced the Shing of the Constitution his philosophy can be understood through his views on social political and economic equality as well as his advocacy
For affirmative action and the upliftment of oppressed groups his idea of inclusion and affirmative action I repeat was aimed at anihilation of the ageold cast based hierarchies a kind of graded inequality a creating a society that should embrace diversity and provide equal opportunities and that is how we are
Here I may State here that he conceived of a social equality as the real thrust the real falum of the progressive democracy it is discernable from the following statement 26th day and I quote him on the 26th day of January 1950 we are going to enter into a life of
Contradictions in politics we have equality and in Social and economic life we will have inequality in politics we be recognizing the principle of one man one vote and one vote one value in our social and economic life we shall by reason of our social and economic structure continue to deny the principle
Of one man one value unquote that is what precisely your Vice chancellor has been telling you that social equality social justice as a normative equality concept has not yet been achieved though we have achieved quite a lot edar was convinced that the state has a crucial role to play in the
Anihilation of cost system the state was advised to actively engage through legislation and policies to eliminate discrimination and provide equal opportunities for all citizens affirmative action was one such measure he advocated to address historical injuries and injustices his aim was to promote the development of a more equal and
Inclusive Society by law as well as I emphasize change of collective mindset he strongly believed that unless there is a transformation in social attitudes social proclivities and relationships true democracy would remain a mirage according to him social inequality Corrs self-respect inflicts ambition affects the fighting Spirit of the social victim he proclaimed
Discrimination is another manace that must be guarded against if that fundamental rights are to be real rights if want the fundamental rights in chapter 3 to be recognized to be really realized to be actualized to be fortified to be engrafted in the reality then you have to really destroy
Anate anate discrimination in the truest sense of the term that is what Dr edar meant he emphasized on the vital importance of political empowerment in the quest of a fair and inclusive Society his conception of reservation and affirmation action as a means of representation has significantly influenced the restructuring of India’s
Political scene aiming to guarantee that historically marginalized communities actively participate and influence the Democratic process of the nation he asserted that absence of reservations would lead to a systematic exclusion of marginalized and underprivileged communities from political involvement and that is why you will find in the constitution of India article 3 330 and
332 that was his Endeavor to bring in he faced lot of opposition go through the constituent assembly debates but he succeeded he succeeded because ambar’s mind is one of the greatest logical Minds in history and I’m not telling you without any proof you just have PES of the
Debates of the constituent assembly he doesn’t raise his voice that is calmness in the words when you read a speech you can understand whether the man is angry Disturbed or he’s poised he had a syllogistic pattern to convince people and he did ambedkar considered economic empowerment as a fundamental prerequisite for achieving social
Justice he argued that without addressing economic disparities through emancipation and empowerment of the marginalized communities would remain a distant image for him economic empowerment was not only a means of improving material conditions but also a pathway to dis manling the hierarchal structure perpetuated by the existing system he argued that economic
Independence was crucial for breaking the cycle of poverty and exploitation faced by certain communities he visualized access to land access to education and employment opportunity so so that there can be progression in economics as far as the underprivileged is concerned and they get economically empowered our sastras have said unless a man have
Some economics he can’t really grow in life when the stomach Burns he can’t create that’s what great kidas said in a different way edar puts it in the context that you have to empower the society which is economically suffering that is why he suggests there has to be cooperative
Societies not to have cage in industry alone but so that there can be a collective pull they can have access to wealth and they can also have the power of obtaining the price of money to invest he also recommended that the society must shift not completely from The Agrarian
Measure to the industrial measure so that they really become economically modern and that is how he caners for industrialization you see ambedkar was a man who thought of everything in a different way he thought of distribution of lands land forms measures but he wanted to that state should do it and eventually
As all of you knew land reforms legislation came in various States and eventually they have been upheld by the Constitutional courts affirmation as I understand from the perspective of Dr ambedkar as a policy designed to address to remove systemic in qualities that has been reigning since centuries
And that is why he put a new gramar of preferential treatment and that is why it holds significance he recognize the need for affirmative action to uplift the sedle cost and other impecunious communities who have been subjected to discrimination exclusion and exploitation The Advocate I quote the object of the fundamental rights is
Twofold first every citizen must be in a position to claim these rights secondly they must be binding on the authority on quote if the all cannot enjoy the fundamental rights what’s the purpose of having the fundamental rights and if they’re not binding on the authorities there are letters on the
Paper sense any meaning sense any truth Sans any possibility of realization edar in in the original Constitution wanted to protect the sedle cast schedle tribe wanted to empower the women he always wanted desire from 1926 onwards that the woman should be educated because without education or bar of Education they will re ever
Remain backward they can’t compete he always failed that the duty of the society to empower the women and that is why education was parent as far as Dr edar was concerned it will not be out of place to State here that the Constitutional scheme and Ethos commands social Sensi
Itivity one has to cultivate the S quality to have a seemly or appropriate constitutional vision of our compassionate constitutions without it the idea of inclusiveness would be an an I call the constitution of India as a compassionate comp Constitution my young intellectual please remember edar was not only a
Sensitive person he was an extremely compassionate personality that is why you get a compassionate Constitution the views of Dr edar on human rights and dignity are root roed in the belief that every individual possesses inherent dignity being a human I won’t be wrong if I say edar believed I am a
Human anything that relates to a human concerns me I care for their rights I care for their dignity according to him it’s all written I’m not inferring anything according to him in a democracy an individual enjoys certain inalienable rights that is what one sees in the fundamental rights which cannot be
Affected by any kind of majoritarianism in a democracy the government is by the majority but the individual rights stand absolutely sacran and sanguin and that cannot be dented by any kind of majoritarian social philosophy or social guidance that’s what exactly said and he meant it human rights which is the thrust of
Ed Korean thought is to accept the intrinsic worth of any person the sign frequence of equality and non-discrimination in upholding human dignity was highlighted by him and accordingly he worked towards establishing a legal framework that explicitly prohibited discrimination on the basis of cast Creed gender or religion his vision was to ensure that
Every citizen enjoyed equal protection under the law cultivating his Society where dignity is universally respected he carried on his Crusade against the practice of untouchability as it considered to be a gross right which ushered in perceptible inequality the efforts culminated article 17 in the constitution of India which
Abolishes untouchability and makes it a punishable offense and I must say it has been a part of the Constitution so that the statutory laws can be made by the Parliament and the state legislatures you are all young do you respect each other I assume so that you must be respecting each other
Ambedkar used to say inclusion or inclusive Society rests on the foundation of fraternity he sensitized the society in a different way he sensitively realized the Inseparable Nexus between the idea of P inclusiveness and democracy in that context they articulated and I quote there should be varied and free points of
Contact with other modes of Association in other words there should be social Endust Moses this is fraternity which is only another name for democracy democracy is not merely a form of government it’s primarily a mode of associated living of conjoint communicated experience it is essentially an attitude of respect and reverence towards
Fellowmen unquote the purpose of sharing this thought of Dr ambedkar with you all of us claim I live in a great democracy I live in a large democracy I live in the largest democracy fine but do you respect your fellow men do you respect your colleagues do you respect your
Classmates I mean these are the questions to be put on understand needless to State Dr ambedkar was deeply inspired by the idea of paternity in Social religious Civic and economic matters and according to him when it is achieved then inclusiveness becomes a numb and a way of life and the conflict between
Competing individual Interest really grow with Liberty equality and the problem gets resolved edar again spoke on fraternity why am emphasizing on fraternity that’s a part an Inseparable part of social democracy social justice and it’s a part of our preamble do never forget the Preamble of the Constitution now let’s see what Dr
Ambedkar says fraternity means a sense of common Brotherhood of all Indians it is the principle which gives unity and solidarity to social life it’s a difficult thing to achieve but we must overcome all these difficulties if we wish to become an nation in reality for Fraternity can be
A fact only when there is a nation without fraternity equality and Liberty will be no deeper than a c of pain a c of pain nothing else they lose their meaning it’s just a quot of pain it has no sense look at the emphasis the gentleman had given during
His time on social justice and fraternity do you think they relevant irrelevant today they’re not relevant they’re still relevant that is why I’ll say something later on subject to discussion to Asser in inclusiveness and Fraternity in the Indian Society has been a challenging task as recognized by
Dr edar and by all of our present undoubtedly affirmative action by the body polity goes a long way in actualizing the Solem idea of inclusiveness but for inclusiveness to become truly ingrained in the Indian Society our populist must also make endover believing in true intent can always bring the desired result unless
We have the intention we cannot achieve any result that is what ambedkar said and today when I’m giving the third ambedkar lecture it’s my duty to ingrain in your mind heart soul that please realize this philosophy you see this inclusiveness fraternity as I told you once s said is at the root of
Democracy slightly surprising my look that democracy is a government by all by the people for the people all the people we have told we have read and why this man is putting fraternity is the root of democracy he is speaking in the Indian context my friends please try to understand
That you see in sub Swami case two judgments said on fraternity I quote fraternity under the Constitution expects every citizen to respect the Dignity of the other mutual respect is the falum or fraternity that assures dignity I think uh Mr sasta talked about and M the vice
Chancellor also talked about it the def case the reputation versus the Free Speech the court said free speech is there you have a right to descent you have right to disagree you have a right to criticize but you don’t have a right to create a dent in the other
Person’s reputation because that’s an inseparable part of right to life under article 21 of the Constitution the same philosophy has been recently 2023 so I call it recently a constitution bench rates and I quote democracy being one of the basic features of our constitution it is implicit that in a
Rule by majority there would be a sense of security and inclusiveness forther the Preamble of the Constitution which envisages interality assures that the Dignity of the individuals cannot be dented by means of unwarranted speech being made by the fellow citizens including public functionaries edar had said go back to
Dr ambedkar please I quote self-respect is the most vital factor in life without this man is a mere Cipher that’s the exactly the Supreme Court has said a constitution bench it matters to the person concerned Dr ambedkar’s legal endeavors to constitute the Bedrock of constitutional commitment as the thrust of
Inclusiveness and equality are extremely significant his manner of logical persuasion and active participation as is seen from the constituent assembly debates will remain an enduring Legacy as India continues to navigate the comp complexities of social justice ambedkar’s legal contributions act as a leure beam guiding the nation towards a
More inclusive and egalitarian future and egalitarian society where individual is respected words are molded for modern interpretation without creating any dent in the original thought and purpose that is why initially I have said Dr edar can never be dated he is not a man of History he’s a man in
Present that’s the greatness in him and why I here I’m only here to make you aware of the thoughts of Dr edra from a different kind of social perspective we want our younger generation to become ideal citizens and I am feeling extremely proud that I have the preved to deliver this lecture and
Extremely proud to talk to people it’s extremely pleasure for someone when he’s able to talk to Young Minds you know why young minds possess certain ingredients in their mind which can invent things which can create different kind of philosophies and great thinkers have said never never neglect the intellect of the young
And you are very cous people Pleasant people and I mobilized too thank you thank you very much thank you sir for an insightful session and for Illuminating the topic that
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