Former Supreme Court judge Justice Shiva Kirti Singh said on Saturday that legislature should avoid making laws that violate the rights of citizens.

Speaking at a symposium organised by the India Legal Research Foundation, Justice Singh said this in reference to courts not allowing bail as a rule. “Bail is the rule, jail is the exception,” he said in reply to a question from APN News Editor-in-Chief Rajshri Rai.

Lower courts are violating rules since you cannot keep a person in jail when the trial is going on, the former Chief Justice of the Allahabad High Court said. He noted that rules are also being changed by the legislature and after making amendments, they continue to keep people in jail.

Speaking on the Challenges to Constitutional Morality, he said the violation of provisions guaranteed by the Constitution after taking oath on it is wrong. “The Prime Minister, The Chief Justice of India and the Election Commission take the oath of the Constitution and no one is above it,” Singh added.

On the difficulty of getting bail for economic offences while it is relatively easy for other crimes, Justice Singh wondered, “What are the compulsions of the government for making such laws on economic offences?”

Reacting to a question on the attempts to rewrite the Constitution, Singh said there is no danger to the Constitution, there are always exceptions for improvement and amendments. “Our Constitution is growing healthily,” he asserted. The basic concepts and the soul of the Constitution cannot be tinkered with, he emphasised.

The former SC judge noted that division in society in the name of religion, caste, or race is dangerous. He said the “divide and rule” policy is by governments has left society divided now.

In the context of reservations above 50 per cent, he said that would pose a problem since it would not serve the purpose for which it was being implemented. He said reservation is important and yet a sensitive issue.

On One Nation One Election, Singh said the concept was not wrong in terms of law but was obviously against federalism and he said it could be called an experiment. It has both good and bad effects, he said. If the concept is implemented, regional issues will be ignored and the larger national issues will dominate the political discourse.

“Our country is a federal structure and every state has different issues,” Justice Singh added.

Asked about the citizen’s right to protest in a democratic country, he said the Right to Assemble peacefully is guaranteed in the Constitution. He said sedition charges are constitutionally moral because when a person tries to destroy the nation, the provision is useful.

Singh said the government should not violate the basic human rights of people. There must be due process for any punishment, he said. In this case, the Court interferes and reminds the government of its limitations and advices it to be more reasonable.

On the Centre-state row over finances, the former SC judge said transparency is the only solution to address it. He said while giving grants to the states, the Centre must keep a record and make information available to be accessed by the people.

On criticism of the Collegium system, Justice Singh said it is with the Supreme Court and time will tell if it is right or wrong. The core issue, he said, was that every government considers itself superior to the Constitution. For the concentration of power, every government tries to put pressure on the judiciary and make sure there is a government representative in the top court, he added.

He said the Constitution clearly demarcates the separation of power between the Executive, the Legislature and the Judiciary and one should avoid interfering in the other’s domain.

A National Webinar on the Theme “Stand up for Human Rights: The Need of Global Solidarity” was organised on Wednesday by St. Thomas College of Law, Greater Noida. The webinar was presided over and addressed by Supreme Court Justice Indira Banerjee, Gauhati High Court Chief Justice Kotiswer Singh, Senior Advocate Pradeep Rai, Advocate Romy Chako amongst other legal luminaries. 

Supreme Court AOR Sneha Kalita addressed the webinar and stated that in the present times, there is a need to work in solidarity to ensure the well being of everyone. The pandemic was an unexpected crisis, and Covid19 has attacked the entire mankind without any distinction on any basis. Its a testing time for everyone to work for the society in any way they can. Though Universal Declaration of Human Rights is not mandatory, it has influenced many countries. Human rights and its protection should be included in student’s curriculum so they are informed. 

Supreme Court Justice Indira Banerjee commenced her address saying that it gives her immense pleasure to participate in the webinar for a special reason, as she used to appear as lawyer for North India Churches in Calcutta, when Bishop Raju headed the Church of North India. She had the opportunity to start her career with blessing of the Almighty and others who were providing their service in those Churches. 

Justice Banerjee stated that Human rights are rights basic rights of any society, inalienable rights irrespective of any race caste or other distinctions. Its different because it cannot be disposed of by any incident, and its inherent in every person by virtue of being a human being. The concept of human rights isn’t very new, and even though the General Assembly of UN had adopted UDHR years back, but human rights can be traced back to many many years ago. Human rights have also been found in Greek Theory of Natural Laws, natural laws are considered at a higher level than state laws. 

According to Justice Banerjee, Individuals have a collective responsibility to ensure that there is no human rights violation. The Covid has violated human rights in more ways than one, as lot of people have fallen ill and have died, and there has been a problem of migrant workers who had to walk hundreds of kilometres. Controlling covid, including developing a vaccination requires collective effort, and not efforts from just one country. It also needs to be ensured that there is equitable distribution and the benefit of vaccine isn’t taken by just some people. 

International cooperation is the core of international solidarity. It includes sustainability of international relations, or development and of improvement. 

Corporates as part of their Corporate Social Responsibility should also take care of the human rights 

Gauhati HC Justice Koteswar Singh stated that UDHR is the very document that incapsulates aspirations of human beings. Democracy is a living experience it’s not a big practice. In reflecting the true sprit of democracy, we must Secure citizens Equal opportunity and Dignity as an individual. Our destiny is bound with each other  and Collective efforts are required. 

Justice Koteswar Singh concluded by quoting fee lines from Rabindrnath Tagore’s Gitanjali

Where the mind is without fear

and the head is held high,

where knowledge is free.

Where the world has not been broken up into fragments by narrow domestic walls. Where words come out from the depth of truth,

where tireless striving stretches its arms toward perfection.

Where the clear stream of reason has not lost its way

into the dreary desert sand of dead habit.

Where the mind is led forward by thee

into ever widening thought and action.

In to that heaven of freedom, my father,

LET MY COUNTRY AWAKE!”

Senior Advocate Pradeep Rai stated that the concept and scope of human rights has been increased. In Covid time,there were several people who could not even get access to basic healthcare.  Health, right to information, free speech and environmental issues all need to be dealt with. Even in running a business, unless you are going equal opportunities its not possible to be successful. When you approach a system, and that system is friendly with you, there you have opportunity of growth. Fundamental rights and human rights need to be globalised, and all the countries should give you equal opportunity. We should get equal opportunity not only in terms of health, education but privacy, etc also need to be honoured. 

Mr. Rai added that Right to privacy also needs to be respected, laws against phone tapping, etc are important to respect a person’s privacy. Development needs to be achieved globally in terms of right to privacy, information, education.

Supreme Court Advocate RomyChako addressed the webinar and said that we have a robust human rights jurisdiction in India. After maneka gandhi’s case its clear that right to life includes right to live with dignity, and latest inclusions in right to live are right to privacy and sexual orientation. Right to life now also includes, rights against handcuffing, freedom from torture, earn a livelihood etc. The interpretation given to right to life from Maneka gandhi’s case to Puttaswamy’s case has enlarged human rights jurisdiction.

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He concluded by saying that Human rights are inalienable, that existed prior to constitution. As long as constitution is not suspended, Courts need to come out in rescue of the citizens and protect their rights.