Justice Ujjal Bhuyan of the Supreme Court emphasized the need for increased tolerance of dissent and debate to achieve the vision of Viksit Bharat by 2047. Speaking at the inaugural national conference of the Supreme Court Bar Association in Bengaluru, he argued that political objectives should not criminalize differing opinions and must address the pervasive issues of caste discrimination and violence against Dalits. Justice Bhuyan stated that true development requires an equitable distribution of wealth, aiming to eradicate severe socioeconomic disparities.

Concerns Over UAPA’s Impact on Criminal Justice

During his address, Justice Bhuyan highlighted alarming data regarding the Unlawful Activities (Prevention) Act (UAPA) from 2019 to 2023, pointing out that thousands have been arrested under this legislation yet the conviction rate remains around 5%. He expressed concerns that such low convictions reflect either the overuse or potential misuse of the law. “With a conviction rate of 5% or less and acquittals exceeding 95% of UAPA cases, it raises questions about the validity of detaining individuals without a formal chargesheet,” he noted. The judge also stressed that the backlog caused by such cases hampers timely justice delivery, contrasting the principle that bail should be the rule while jail should be the exception.

Judiciary’s Role and Independence

Justice Bhuyan further underscored that the judiciary must maintain its independence and not act as an instrument of political influence. He conveyed that Viksit Bharat should embrace a culture that respects diverse opinions and critique. “Debate should be encouraged, and tolerance for differing views must be a norm in society,” he stated. He also acknowledged the ambitious vision set by the political executive for a developed India, urging all sectors to perform optimally to achieve this aim. Nonetheless, he expressed skepticism about the judiciary’s involvement in political slogans reminiscent of past campaigns, suggesting that a more appropriate focus would be the year 2050 for evaluating judicial progress and alignment with constitutional milestones.

Historical Reflection on Judgments and Tolerance

Referring to the historic Supreme Court ruling in the Bijoe Emmanuel case from August 1986, where the court upheld the rights of children from the Jehovah’s Witnesses sect who refused to sing the national anthem, Justice Bhuyan praised the courage of judges like O. Chinnappa Reddy. He emphasized that societal tolerance, which aligns with both constitutional values and Indian traditions, must be actively practiced. He highlighted the urgency of addressing societal inequalities stemming from caste discrimination and violence, asserting that Viksit Bharat cannot be realized under such conditions.

Addressing Caste Discrimination and Societal Fault Lines

Justice Bhuyan articulated a vision for Viksit Bharat that cannot accommodate the deep-seated social fault lines characteristic of caste-based discrimination. He posed a powerful challenge to societal norms by asserting that parents should not dictate the dignity or food habits of their children based on caste. “A model of development cannot exist while Dalits face humiliation and discrimination,” he concluded. He urged that every individual’s dignity must be respected to foster a truly developed society.

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