Statute makes space for diverse identities: Justice Chandrachud

Source: Times of India dated 18.12.18
Swati.Deshpande@timesgroup.com

Mumbai:

“Our Constitution works even for those who may not believe in it,” said Supreme Court judge D Y Chandrachud, underlining the significance of the Constitution in a democracy.

He elaborated his point with an anecdote of a scientist who told a friend how a horseshoe on his door worked even though he wasn’t superstitious.

Justice Chandrachud’s observations, made while delivering the Justice KT Desai Memorial lecture at the central court hall of Bombay HC on Monday, drew applause from the distinguished gathering of high court judges, both present and past, as well as former SC judges and lawyers.

Speaking on a subject close to his heart, he went on to add inclusivity was one of the mainstays of the Constitution. He said while delivering the verdict on section 377, he believed “we” in “We the people” was an “ever inclusive and ever expansive we.”

Globalisation has meant a shift in definitions of identity and citizenship. “While state nationalism remains a strong force, many other modes of connection are shaping people’s sense of personal and collective identities.”

He added the burgeoning of multi-faceted and intersectional identities, accompanied by an acknowledgment of the inherent fluidity in various identities, lends to the requirement of a Constitution that keeps pace with these identities.

Increasingly so, the Constitution is recognising these diverse identities. An important example is the recognition of different gender and sexual identities. While the break from a heteronormative framework has been gradual, the courts have played an important role in recognising the autonomy of individuals within the Constitution to determine their orientation as well as gender identity, he said.