Fraternity important at this time; should be given some teeth: Ex-SC judge Nariman

Former Supreme Court judge Justice Rohinton Fali Nariman on Friday said the constitutional principle of fraternity, which is very important for the country "at this time", should be given some teeth and civil courts should award punitive damages in hate speech cases that disrupt harmony.

Justice Nariman observed that while criminal law is selectively put in motion at times, action taken by civil courts would go a long way towards preserving and protecting fraternity, which is the only constitutional method of assuring the dignity of every individual citizen as well as the integrity and unity of the nation.

The retired top court judge was speaking at the 13th V M Tarkunde Memorial Lecture on the theme of "Rights, Duties, Directive Principles: What is Fundamental".

The event was attended by several dignitaries, including former Supreme Court judge Madan B Lokur and members of the bar.

Justice Nariman spoke at length on the constitutional scheme in relation to fundamental rights and duties, and suggested that the government should distribute free copies of the Constitution in every possible language among the citizens.

He said one of the fundamental duties of a citizen under the Constitution pertains to the principle of fraternity and casts an obligation on the citizens to promote harmony and the spirit of common brotherhood, "transcending religious, linguistic and regional or sectional diversities", and "renounce practices derogatory to the dignity of women".

"Fraternity is something that is very, very important so far as this nation is concerned, particularly at this time. We know that the criminal law is sometimes put in motion selectively, but I am going to suggest a remedy.... The moment a citizen petitions against hate speech, the (civil) court can not only issue a declaration and an injunction because of the fundamental duty, it can also award punitive damages. Nothing hurts more than that which hurts the purse," Justice Nariman said.

"Civil courts should take up a suit filed by any citizen against, say, hate speech. After all, it disrupts harmony and brotherhood. So if courts were to actually now take cognisance of civil suits in which these three things are done, it would go a long way towards preserving and protecting fraternity....

"If we are actually going to live by the cardinal principle of fraternity, which is the only constitutional method of assuring the dignity of every individual citizen of this country and of assuring the integrity and unity of this nation, it must be given some teeth," he further said as he observed that in a recent ruling, the Supreme Court has held that every authority must act when there is a hate speech.

Justice Nariman pointed out that there is an obligation on the citizens to abide by the Constitution and its ideals and the cardinal value of fraternity -- enshrined under the fifth fundamental duty -- is of crucial importance.

The former judge, however, questioned how a citizen would become aware of the content of the Constitution in order to abide by it.

"I ask myself this question: how will you abide by the Constitution unless you know what the Constitution is to start with? So isn't there some duty cast on the government of the day to spread (copies of) the Constitution all around in every single possible language so that a citizen is first made aware of what the Constitution is, what his rights are?" he asked.

"It is important that these moral precepts come down to everybody and the manner of that coming down -- it is a suggestion by me -- should be that the government of the day distribute free of cost copies of the Constitution in every possible language so that every citizen knows what this basic document is and what his rights are," he added.

To conclude his address, Justice Nariman quoted a Supreme Court judgment and said, "Our tradition teaches tolerance, our philosophy preaches tolerance, our Constitution practices tolerance. Let us not dilute it."