Judge cites denial of home to Muslim girl, opposition to Dalit women cooking mid-day meals
Hyderabad, February 23, 2026: Supreme Court judge Justice Ujjal Bhuyan has said that despite repeated affirmations of constitutional morality by courts, deep societal faultlines rooted in caste and religious discrimination continue to shape everyday realities in India.
Speaking at a seminar on “Constitutional Morality and the Role of District Judiciary” organised by the Telangana Judges Association and the Telangana State Judicial Academy in Hyderabad, Justice Bhuyan reflected on the gap between constitutional ideals and social practices.
He cited a recent instance involving his daughter’s friend, a PhD scholar at a private university in Noida, who was denied accommodation in South Delhi after her surname revealed her Muslim identity. According to Justice Bhuyan, the landlady bluntly informed her that no accommodation was available once her religious background became known.
In another example from Odisha, he referred to resistance by some parents to the government’s mid-day meal programme because the food was prepared by Dalit women employed as cooks. He noted that some parents had objected aggressively and refused to allow their children to consume meals cooked by members of the Scheduled Caste community.
Describing these incidents as “the tip of the iceberg,” Justice Bhuyan said they reveal how far society remains from the benchmark of constitutional morality even 75 years into the Republic. He observed that while the Constitution lays down standards of equality and dignity, the morality practised within homes and communities often diverges sharply from those values.
He emphasised that constitutional morality requires governance through the rule of law rather than the rule of popular opinion. Referring to the evolution of the doctrine through judicial decisions, he cited Naz Foundation v Union of India, in which the Delhi High Court read down Section 377 of the Indian Penal Code, holding that popular morality cannot restrict fundamental rights under Article 21. Though the judgment was later overturned in Suresh Kumar Koushal v Naz Foundation, the Supreme Court ultimately restored and expanded the principle in Navtej Singh Johar v Union of India, affirming that constitutional morality must prevail over majoritarian views.
“In our constitutional scheme, it is the constitutionality of the issue before the court that is relevant, not the dominant or popular view,” he said.
Justice Bhuyan also addressed the functioning of the district judiciary, underlining that trial courts are the first point of contact for most litigants and form the foundation of the justice delivery system. He stressed that due importance must be given to the recording of evidence and adjudication of bail matters.
Highlighting the role of High Courts, he said their supervisory jurisdiction under Article 227 of the Constitution is intended as a shield to correct grave jurisdictional errors, not as a mechanism to substitute the discretion or factual appreciation of trial judges.
He recalled that several distinguished judges, including Justice H R Khanna, Justice A M Ahmadi, and Justice Fathima Beevi, began their careers in the district judiciary.
On representation within the judicial system, Justice Bhuyan noted that Telangana has made significant strides in gender inclusion. Out of a sanctioned strength of 655 judicial officers in the Telangana Judicial Service, 478 are currently serving, of whom 283 are women, exceeding 50 per cent representation. He added that members of Scheduled Castes, Scheduled Tribes, minority communities, and persons with disabilities are also represented in the state’s judiciary.
He observed that greater representation of women, marginalised communities, persons with disabilities, and sexual minorities would help make the judiciary more inclusive and reflective of India’s diversity. “The judiciary must represent all the colours of the rainbow and become a rainbow institution,” he said.
Justice Bhuyan also referred to the recent restoration by the Supreme Court of the requirement of a minimum three years of practice at the Bar for entry-level judicial posts. While acknowledging that the requirement ensures practical exposure, he cautioned that its impact on women aspirants, especially those from rural or small-town backgrounds facing social and financial constraints, would need to be carefully observed over time.
Concluding his address, he reiterated that the justice system must strive to bridge the gap between constitutional ideals and lived realities, ensuring that the rule of law remains paramount.
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New Delhi (PTI): A day after the workers' protest turned violent in Noida, Congress leader Rahul Gandhi on Tuesday said what unfolded on the streets was the "final cry" of this nation's workers and said the burden of US tariff wars, global inflation and fractured supply chains has not fallen upon Prime Minister Narendra Modi's "industrialist friends" but squarely upon the daily-wage labourer.
The Leader of Opposition said he stands with every worker who is the backbone of this country, and whom the Modi government has "come to view as a burden".
"What unfolded on the streets of Noida yesterday was the final cry of this nation's workers - a voice that went unheard at every turn, a voice weary from ceaseless pleading," Gandhi said in a post in Hindi on X.
A labourer working in Noida earns a monthly wage of Rs 12,000, yet faces a monthly rent burden of Rs 4,000 to Rs 7,000, the former Congress chief said.
By the time they receive a meager annual increment of Rs 300, their landlord has already hiked the rent by Rs 500, he pointed out.
"Before their wages can catch up, this unbridled inflation strangles life, plunging them into the depths of debt- this is the stark reality of 'Viksit Bharat'," Gandhi said.
"As one female worker remarked, 'Gas prices keep rising, but our wages do not'. In the midst of this gas crisis, these individuals have likely had to purchase a single cylinder for as much as Rs 5,000 just to keep the stoves in their homes burning," Gandhi said.
This is not merely an issue confined to Noida, nor is it an issue unique to India alone, fuel prices are skyrocketing across the globe and supply chains have been disrupted due to the conflict in West Asia, he said.
"However, the burden of America's tariff wars, global inflation, and fractured supply chains has not fallen upon Modi Ji's 'industrialist friends'. The heaviest blow has landed squarely upon the daily-wage labourer - the one who must earn each day just to eat that same day," Gandhi said.
"The labourer who played no part in any war, who drafted no policies, who simply did his work. Silently. Without complaint. And what does he receive in return when he demands his rightful dues? Coercion and oppression," the Congress leader said.
Another critical issue is that the Modi government, in a hasty and unilateral move, implemented four new Labour Codes effective November 2025, thereby extending the standard workday to 12 hours, he said.
"Is the demand of a labourer, who stands and works for 12 hours every single day, yet still has to borrow money to pay his children's school fees, truly unreasonable? And is the one who systematically denies him his rights each day truly delivering 'development'?" Gandhi said.
Noting that labourers of Noida are demanding a wage of Rs 20,000, Gandhi said this is not greed, it is his right, the sole foundation of his life.
"I stand with every worker who is the backbone of this country, and whom this government has come to view as a burden," Gandhi said.
Vehicles, including police SUVs, were torched, public property vandalised, and stone-pelting reported from industrial hubs in Noida on Monday as protests by factory workers demanding a wage hike turned violent, paralysing traffic.
The Uttar Pradesh Police used mild force to disperse the agitators and later registered FIRs against two X handles, charging them with spreading rumours linked to the unrest. The state government also formed a special panel to address the crisis.
Violence was first reported in the afternoon, with sporadic stone-pelting and vandalism continuing till 5 pm. No major incidents of arson or violence were reported thereafter, officials said.
The unrest, which began in the morning, left thousands of commuters stranded on key routes leading to Delhi during peak hours. Long queues of vehicles stretching several kilometres were reported at the Delhi-Noida border, with major congestion at Sector 62, National Highway-24, Sector 63 and the Chilla border. Protesters blocked key routes, including stretches connecting Sector 62 to Sector 16 and NH-9.
Officials said a large number of workers from industrial units in Phase-2 and Sector 60 gathered to press for long-pending wage revision demands and raised slogans.
Similar protests were reported from Sector 62 and Sector 84, including at a Motherson company unit. NH-9, a key link between Delhi and western Uttar Pradesh, was also blocked.
The protests soon escalated, with some protesters torching vehicles, vandalising property and pelting stones.
Officials said workers had been mobilising support for their demands on a wage hike and better working conditions in factories over the last two days. However, it was not clear what sparked the violence during the protest.
Gautam Buddh Nagar Police Commissioner Laxmi Singh on Tuesday said that more than 300 individuals had been arrested and seven FIRs registered in connection with the workers' protest that turned violent in Noida.
