Sajida A Zubair
ADOPTED on January 26, 1950, the Indian Constitution stands as the cornerstone of the world’s largest democracy. Envisioned and drafted by the brilliant members of the Constituent Assembly, led by Dr BR Ambedkar, the Constitution is not merely a legal document but shines forth as a guiding light reflecting the spirit of India’s liberation movement, its diversities, and the aspirations of its people. The Constitution established the framework for what was supposed to be a sovereign, socialist, secular, and democratic republic by defining equality, liberty, justice, and fraternity. It is significant because it protects each person’s fundamental rights and freedoms in addition to regulating how the government operates.
Maintaining the fundamental principles that our Constitution upholds is of utmost importance in the current situation. The constitutional framework was expected not to let any individual or group dominate another but to maintain checks and balances that are the premise of a healthy democracy. Recent events, however, have tended to cast that noble intention into the shadows of doubt about the severity to which the Constitution is being held in place.
Rising divisive politics has been one of the most alarming trends in contemporary India: not only has it challenged the secular fabric envisioned by the framers of the Constitution but, it also witnessed constitutional principles being cast aside at times. The Citizenship Amendment Act (CAA) and the proposed National Register of Citizens (NRC) brought widespread protests nationwide, with critics alleging that these exercises violate both constitutionally enshrined equality and secularism. Many saw these acts as targeting specific groups and undermining the bedrock tenet of “unity in diversity” upon which the Constitution rests. Politically, the handling of these protests brings to question practices of excessive police force and prohibition of freedom of assembly as charges that denote some level of erosion of democratic rights.
Most crucially, freedom of speech, which is guaranteed by the Constitution, has been jeopardised. Many journalists, activists, and regular residents have faced legal action for voicing opposition or expressing an opinion, frequently under the guise of sedition or UAPA. National security legislations meant to provide protection have been misused to silence dissenting voices when claims are made that the very fabric of the Constitution is being used to silence opposition.
Recent incidents, such as the enforced long-term detention of activists under draconian legislation without being accorded a fair trial, have come under criticism from both the national and international perspectives. The Bhima Koregaon case, in which several activists were detained under allegations of incitement and anti-national activities, was understood as a challenge to the constitutional protection of fair trials and due process. The slow judicial process has drawn attention to a gap between the ideals expressed by the Constitution and its implementation; so have the harsh conditions of pre-trial detention.
The issue of religious polarisation also comes up, which is a very concerning development within Indian politics. Various states have introduced ordinances that ostensibly prevent religious conversions, especially interfaith marriages. The laws have been termed “anti-conversion” or “Love Jihad” laws. Critics say these laws are targeted against specific religious groups, contravening the secular spirit of the Constitution. These laws, selectively enforced, have sparked fears about the gradual erosion of religious freedom, an area guaranteed by Article 25 of the Constitution.
The list of violations of the Indian Constitution is getting longer every day. The Parliament made a very important vote in 1991, one year before Babri Masjid was demolished. The Places of Worship (Special Provisions) Act, 1991, a landmark law passed by Parliament, forbids “conversion of any place of worship” (Section 3) and establishes “the maintenance of the religious character of any place of worship as it existed on the 15th day of August 1947” (Section 4). “Any place of worship of any religious denomination or any section thereof into a place of worship of a different section of the same religious denomination or of a different religious denomination” is an illegal practice.
Except for the Ram Janmabhoomi and Babri Masjid cases, this legislation was to be applied throughout India, and no place of worship belonging to any religion would be damaged because of anything that occurred before 1947. However, the Vishwa Bhadra Pujari Purohit Mahasangh and BJP spokesperson and advocate Ashwini Kumar Upadhyay contested this act in the Supreme Court. A Pandora’s box was opened when Chief Justice (retd) DY Chandrachud further weakened the Places of Worship Act, of 1991. The four deaths in Sambhal in Uttar Pradesh after police clashed with protesters on Sunday during the survey of a mosque believed to have been constructed in the 16th century is the fallout of a polarising political build-up centred on religious sites and its tacit indulgence by the judiciary, clearly disregarding the Constitution.
The question of caste is not handled as it should be, given the stress thrown upon equality in the Constitution. Reports of atrocities against weaker sections — primarily Dalits and Adivasis — pop up now and then, which means social justice remains a mirage. Hathras is a case in point: a Dalit girl was assaulted with brutality, and the way the investigation was subsequently handled indicates stark biases and systemic failures. These events remind one of the struggles of endowing every citizen with constitutional guarantees.
Indians are being denied their right to live. Over 1,50,000 homes were demolished, leaving 7,38,000 homeless in two years under the bulldozing rule. If we look at the facts, we can see the shocking truth behind India’s deceptive international image. Cases of human rights breaches in the country, as reported by the National Human Rights Commission (NHRC), increased by around 37% between 2020-2021 and 2021-2022.
Significant violations of human rights occurred as a result of the year-long ethnic strife between the Kuki and Meitei communities in the northeastern state of Manipur. According to the media, between May 3 and November 15, at least 175 people were killed and over 60,000 were displaced. In addition to the destruction of houses, businesses, and places of worship, journalists and activists reported assaults, rapes, and armed fighting.
For the nth time, yet again, human rights — a seminal piece of the Indian Constitution has been kicked into the dust and crumbled to make way for political expediency. Article 370 granted special status to Jammu and Kashmir; the abrogation of it led to a wide-ranging lockdown across the region. Communication and movement were severely hindered. While the government’s policies may be justified on grounds of national integration and security, the potential implications of such actions for civil liberties and the protracted detention of local political leaders raise deep concerns about constitutional propriety and democratic principles.
However, the debates regarding land acquisition, forest rights, and environmental clearances have served to spotlight the tension between economic development and the constitutional rights of indigenous communities. The instances wherein tribal lands were taken over for industrial projects without adequate consultation or compensation were considered violations of the constitutional promise regarding the protection of the rights of vulnerable populations.
That the Constitution of India is a living document, meant to evolve with the changing needs of society, does not mean that core values mutate with it. At a time when they are being eroded through legislation that appears to target some sections of society or through action that cuts down fundamental freedoms, such practices seem to scream for someday back in the Preamble.
The National Constitution Day (November 26) is an appropriate time for introspection into issues and a recommitment to ideals like equality, justice, and liberty. Beyond its literal status as a written document, the Constitution takes on the character of India’s very democratic design; its real strength lies not in the states of word on paper but in how it is acclaimed and cared for by people and the office holders among them. To let all Indians, regardless of caste, creed, or religion, live in freedom and dignity, we all must work together to maintain its sanctity in its truest sense. Only then can the spirit of the Constitution be preserved and flourished for decades to come.
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Sajida A Zubair is a dedicated educator, mental well-being counselor, faculty member at IPERC, and scriptwriter. She brings her passion for nurturing minds and fostering emotional resilience through her diverse roles.
