Justice Prashant Kumar Mishra: Divisive Rhetoric Based on Religion is a Big Challenge for Constitutional Ideal of Fraternity

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Supreme Court Justice Prashant Kumar Mishra warned against the dangers of divisive language based on religion, caste, and ethnicity, which threaten India’s constitutional ideals of fraternity and unity. He emphasized the need for a collective responsibility to uphold fraternity, urging lawmakers, civil society, and the judiciary to work together to foster social cohesion and address inequalities.

Ahmedabad: The growing use of divisive language based on religion, caste, and ethnicity is a significant threat to India’s constitutional ideal of fraternity and national unity, warned Supreme Court judge Justice Prashant Kumar Mishra. He was speaking on the theme ‘Fraternity: Spirit of the Constitution’ during a national council meeting of the Akhil Bharatiya Adhivakta Parishad in Vadtal, Gujarat.

Justice Mishra highlighted that divisive ideologies, economic inequality, and social injustice are weakening the sense of brotherhood in society. He stated:

“A major challenge to fraternity is the increasing use of divisive rhetoric based on religion, caste and ethnicity. When individuals or groups promote narratives that pit one community against another, it weakens the sense of unity envisioned by the Constitution.”

While identity politics can empower marginalized communities, it becomes harmful when it focuses on narrow interests at the expense of the common good.

“Divisive rhetoric creates mistrust among communities, leading to the spread of stereotypes and misunderstandings. These tensions can escalate into social unrest,”

he added.

Justice Mishra also raised concerns about the misuse of digital platforms.

“Digital technology and social media have often been misused to spread hate speech, misinformation and divisive content,”

he observed. This misuse, coupled with political tactics, deepens societal divisions.

Justice Mishra emphasized that fraternity is not just an individual ideal but a collective duty.

“The responsibility to uphold fraternity does not rest on any single individual or group. It is a shared responsibility that involves every citizen, institution, and leader in society.”

He elaborated on the need for a “multi-faceted approach” to promote fraternity, involving lawmakers, civil society, and technology.

“Laws should be crafted not just to protect rights but to ensure social cohesion and address systemic inequalities,”

he said.

Justice Mishra also urged the judiciary to take proactive steps in promoting brotherhood.

“We can prioritize mediation and reconciliation where appropriate, write judgments that are not only legally sound but also explained in accessible language, and ensure that court procedures themselves reflect fraternal values,”

he stated.

Justice Mishra concluded by reminding everyone that fraternity is the “unifying thread” of democracy.

“When we live by the principle of fraternity, we ensure that the values of justice, equality, and freedom endure for generations to come.”

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