Divisive rhetoric threat to national harmony, says former SC judge Rohinton Nariman

THIRUVANANTHAPURAM: Former Supreme Court judge Rohinton Nariman on Monday called fraternity and secularism the twin pillars of the Indian Constitution, warning that distortions of history and divisive rhetoric pose a grave threat to national harmony. Speaking at a lecture on Fraternity in a secular state - The protection of cultural rights and duties organised by the Vakkom Moulavi Foundation Trust (VMFT), Nariman said Indias diversity makes its constitutional framework unique and incomparable to any other country. He expressed alarm over manipulated versions of history, recalling how a schoolbook depicted Mughal emperor Akbar as a tyrant while erasing his legacy as a great ruler. When fraternity is breached through such distortions, citizens must approach courts, as this strikes at the very heart of our constitutional promise of harmony, he noted. Nariman also emphasised the symbolism of the Ashoka Chakra on the national flag. Every time you see the flag, fraternity should come to your mind first, he said. On a judge once invoking divine intervention in the Ayodhya case, Nariman replied sharply: Whether divine or bovine intervention, such remarks violate the oath to the Constitution. Judges must rely only on the Constitution and the laws. Nariman said that every individual has the right to practice, profess, and propagate religion. However, he pointed out that a 1977 Supreme Court judgment narrowly interpreted propagate to mean only expressing ones faith, excluding the right to convert. Nariman disagreed with this interpretation, asserting that the constitutional guarantee goes beyond mere expression. Citing the idea of fraternity enshrined in the Preamble, he remarked, When we say We, the People in the Preamble, it truly means all of us. What we gave to the minorities reflects that inclusiveness. Unlike countries such as Norway or Singapore, which are largely monocultural, India is a land of immense diversity. The way we function together in spite of this is extraordinary. Therefore, we must never compare ourselves with other nations. In his keynote address, former Kerala DGP Alexander Jacob said fraternity was deeply rooted in Indias history. We welcomed Jews, Christians and people of every faith. Religious tolerance was our strength. The British, however, deliberately broke this fraternity to divide us by manipulating history, he observed.