Justice Abhay Oka Warns About Threats to Fundamental Rights in India

Democracy is not just about elections or forming governments, its real strength lies in protecting the fundamental rights of its citizens. The Indian Constitution guarantees these rights, especially freedom of speech and personal liberty. But over time, these rights have often come under pressure due to power politics, society, and complex legal systems.

Former Supreme Court judge, Justice Abhay Shreeniwas Oka, recently spoke about this growing concern. He said that freedom of expression and personal liberty are under serious threat today.

Importantly, he wasn’t just talking about one particular political party or government. According to him, no matter which party is in power, attempts to limit fundamental rights have been a recurring issue in India. Based on his long judicial career, he believes both the judiciary and civil society must become more alert to protect constitutional values.

In India, freedom of expression is the soul of democracy, but Justice Oka points out that this right is not only being threatened by the government or police, but also by intolerant citizens. Today, social media is a major example of this. On one hand, it gives people a voice. On the other, trolling, threats, and online bullying silence people. As a result, people themselves have started policing each other’s speech.

Justice Oka says, “We don’t like to hear the truth.” This reflects a dangerous trend in society. where criticism is quickly labeled as anti-national, anti-religious, or personal attack. This mindset shrinks public wisdom and weakens democracy.

Article 21 of the Constitution gives every person the right to life and personal liberty. But in real life, this is often not followed. Justice Oka said that arresting someone just because they are accused is not always necessary, investigations can happen without arrest.

However, in India, accused people are often kept in jail for months or years without a trial. Justice Oka gave the example of people accused in the Delhi riots case, who have been in jail for almost five years without a trial. This violates not just Article 21 but also basic principles of justice.

He also stressed that bail should be the rule, not the exception. But today, getting bail from lower courts is difficult, and people are forced to go to High Courts or the Supreme Court. This is due to pressure from media, public opinion, and judges’ mindset.

On the issue of judicial appointments, Justice Oka said the Collegium system, though flawed, is better than giving the government power to appoint judges, which would hurt judicial independence.

However, he also questioned whether the Collegium is truly inclusive. For example, the lack of women judges in the Supreme Court raises serious concerns. Lawyer Indira Jaisingh criticized the Collegium for ignoring senior women judges. Justice Oka agreed that at least one woman should have been considered seriously. This is not just about gender equality but also about public trust in a diverse judiciary.

On the issue of corruption in the judiciary, Justice Oka admitted that complaints exist, especially in lower courts. Though hard evidence is rare, the public perception of corruption is equally harmful. The recent case involving large amounts of cash found at the home of a former Delhi High Court judge damaged public trust even more.

Justice Oka said media pressure does affect some judges, depending on their personality. While some judges ignore media completely, others are influenced by it. He warned that if judges worry more about how their decisions will be seen in the media, then justice may suffer.

One of the biggest challenges for Indian courts is the huge backlog of cases over 50 million (5 crore) are pending. This causes justice delays, which leads to loss of public faith in the system.

To solve this, we need more judges, and the government must adopt a strong litigation policy. Not every dispute needs to go to court, many can be resolved through better policies or administrative reforms.

Though the Constitution guarantees free legal aid for poor citizens, in practice, the quality of these lawyers is often poor. This makes it hard for the poor to get justice, which violates the principles of equality and fairness.

Another worrying trend is that lawyers give long arguments and getting bail has become harder, even in lower courts. This shows a shift in judicial mindset, influenced by political and social pressures.

In conclusion, the judiciary in India stands at a critical crossroads. It must stay independent of the government, balance public expectations and media influence, and fight corruption and delays.

Justice Oka’s warning reminds us that democracy is not just about voting or forming governments. Its real strength lies in protecting fundamental rights. If citizens don’t have freedom of speech or personal liberty, democracy becomes hollow.

The judiciary must ensure transparency, inclusiveness, and efficiency. At the same time, we as citizens must respect the Constitution and show tolerance toward different views. As Justice Oka said, “We must learn to listen to the truth.” This is not just a message for the judiciary, but for all of society.