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Session 1: The Constitution, the Judiciary, and Democracy
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Vaishnavi Shukla
12:33
In a response to this concern, he mentions a survey in Venezuela, where it was found that 52% of people believe that they are living in a complete democracy.
12:34
Justice Kannan calls this a phenomenon and example of how people themselves are confused.
12:36
He moves on to the bail system and says, "bail is the rule and jail is the exception".
12:37
Justice Kannan drops a striking fact about how jails are now 130% occupied and we have to look for methods of relaxation.
12:38
"We have all the laws in place, the constitution guarantees all rights, but we still have a problem," says Justice Kannan.
12:40
He also shares a quote by Ambedkar, "In the name of democracy, there should be no tyranny of the majority over minorities."
12:41
He goes on to talk about the protection of minorities' rights.
12:42
Kannan talks about the book 'India's legal system: Can it be saved?' by Fali Sam Nariman, where it is said: "We are a nation governed by laws and not men and women, but this is only theory."
12:44
He mentions how the Supreme Court in the past years has been exceedingly protective.
He goes on to quote H. R. Khanna's views on safeguarding the interests of the minorities "Our Constitution recognises our sacred responsibility towards the minorities."
12:45
Justice Kannan says, "The democracy of a nation can be measured by the extent to which the rights of the minorities are being upheld".
12:47
He goes on to talk about the recent aberration and also the three judges constituting the bench in Varanasi for the Gyanvapi Mosque case.
12:49
Justice Kannan speaks about the Places of Worship Act, 1991 which was passed by Narsimha Rao's government to "bring harmony".
He further explains Section 3 of the act and says: "No person shall convert any place of worship of any religion to a place of worship of any other form of any other denomination".
12:53
He continues by explaining the Act. An exemption stands if a place of worship comes under the category of ancient monuments (as declared in the 1951 schedule).
12:54
He makes a powerful statement talking about minorities' interests: "The courts have to be sensitive to the needs of the people".
12:55
Justice Kannan also raises a few rhetorical questions.
12:57
"Is the constitution's decision to provide SC status only to Hindus and restrict the Dalits to the OBC quota fair," questions Justice Kannan.
12:59
He concludes his speech by explaining that the term "Hindu" does not encompass a religion but people living in a particular area." He ends with a quote, "Democracy is not what the majority wants. It is to walk with the minorities, hand in hand."
The session opens up for the audience for discussion.
1:00
Former Readers' Editor, Pannerselvan asks about the electoral bonds and why the courts are completely silent on this issue.
1:04
Justice K. Kannan explains how the Supreme Court is silent on multiple issues of significance. He further states that when we talk about electoral bonds, we have to talk about who we should try to protect.
1:05
Elaborating on his comments, Justice Kannan says: "Everyone understands who spends more money on the elections. BJP spends ten times more than any other party. Who are we targeting then? The leaders determine the institution and we require a leader that takes up these issues". With this, he wraps this question.
1:06
We now have Krishna, a student of Asian College of Journalism who asks, "Why the Hindu temples are under govt control and why do minority rights lead to the erosion of majority rights?" Krishna also gave examples of Kashmir as well as eight other states where Hindus are minorities.
1:07
Justice Kannan replies by quoting V K R V Rao, an Indian Economist & Politician, who once said: "Who would a mother care for in a house? If a child is sick, will the mother pay more attention to him or not?"
1:08
Giving a straightforward reply, Justice Kannan makes a strong point that the sheer numerical strength of the majority can be overwhelming.
1:11
Justice Chandru adds to the conversation: "We have come to a position where the minorities' issues cannot sleep over any longer." He elaborates on the same by explaining the situation in the Hijab controversy.
1:27
That's a wrap for Session 1 of 'The Constitution, the Judiciary, and Democracy'. Thank you for joining us.
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