Pune: In the backdrop of historic ruling on section 377 of Indian Penal Code (IPC), Chief Justice of India Dipak Misra on Saturday here said that rights of individuals matter, not majority’s imposition. Rainbow is autograph of God, the CJI said, adding that this line has been included in the judgment. He was addressing students of Bharati Vidyapeeth.
Chief Minister Devendra Fadnavis, Supreme Court Justice AM Khanwilkar, who had also authored the judgement along with Misra, Justice Naresh Patil, acting Chief Justice of Bombay High Court, Bharati Vidyapeeth Chancellor Shivajirao Kadam, Vice Chancellor Dr MM Salunkhe, Secretary Vishwajeet Kadam, New Law College Principal Prof Dr Mukund Sarda were also present.
CJI Misra inaugurated the first public memorial lecture series, which has been instituted to pay tribute to the Bharati Vidyapeeth founder late Dr Patangrao Kadam. Justice Misra delivered the lecture on ‘Balancing of Constitutional Rights’ and said that concept of adjustment, acceptance, compromise and settlement are part of it.
He added, “In a democratic setup, every right matters. And no right is absolute. We have constitutional democracy. Rights and liberties protected and guaranteed under the Constitution are the fulcrum of any democratic society. There should be rule of justice because without this, rule of law will collapse.”
Justice Misra further informed that while several countries are still struggling about euthanasia, the Supreme Court legalised passive euthanasia by means of the withdrawal of life support to patients in a permanent vegetative state.
He added, “Everyone has ‘Right To Life’ but at the same time, he/she has right to life with dignity. If he is unable to live with dignity because of prolonged illness, from which he/she will not overcome, then in such cases, he/she has right to die with dignity. This is balancing of rights.”
In his speech, Chief Minister Fadnavis recalled his memories with Dr Patangrao Kadam.
On media reports
The Chief Justice told the gathering that the media cannot be asked to stop publishing (until it is against the laws) and that judges should decide matters based on the case records. He also quoted a US judge’s comments in this regard.
Law Centre In Pune
The second law centre of Bharati Vidyapeeth New College, Kothrud, was also inaugurated at the Dhankawadi campus. Also, one of its kind international arbitration centre was inaugurated. This is an innovation in the field of legal education by the law faculty of Bharati Vidyapeeth Deemed University to provide Modern Arbitration techniques and practise of International Arbitration matters to the students of law. These centres will start functioning from January 2019 at Dhankawadi campus in collaboration with reputed Foreign Universities in UK, US and International Centre of Europe.