New Delhi/Stockholm: Supreme Court judge Justice Surya Kant, who is next in line to become the Chief Justice of India, has sparked a global conversation by pointing out a “paradox” in how some countries with rigid immigration laws and a record of excessive force still portray themselves as global champions of human rights.
Speaking in Stockholm earlier this week on India’s human rights framework and refugee response, Justice Kant said:
“To be candid, it is somewhat paradoxical when countries with some of the most rigid immigration policies, and a documented tendency to resort to excessive use of force, even in response to minor infractions, position themselves as the foremost champions of human rights.”
He warned that such international critiques often lack self-reflection or contextual understanding, which he said ultimately undermines the very values they claim to uphold.
🇮🇳 India’s Civilisational Approach to Human Rights
Justice Kant reaffirmed India’s enduring commitment to human rights, anchored in both its constitutional values and civilisational ethos.
“India remains resolutely committed to strengthening its human rights framework and evolving a more effective, humane response to the refugee crisis that continues to challenge the global conscience.”
He also emphasized that India’s refugee policy is rooted in compassion and dignity, stating:
“India’s endeavour is to harmonize its historical wisdom with contemporary, rights-based governance, ensuring that its human rights commitments are not only preserved but progressively realized, even amid the shifting global landscape.”
Drawing an analogy, he urged the world to respect pluralism in how countries define and apply human rights:
“Much like the diverse ways in which cultures savour their coffee… every nation crafts its human rights framework in accordance with its legal traditions, socio-political realities, and cultural ethos.”
📜 From Dharma to the Constitution
Justice Kant underscored that the Indian concept of human rights predates modern Western frameworks. He credited ancient Indian scholars for developing Dharma—a moral code integrating body, intellect, and soul—that laid the foundation for early jurisprudence and accountable governance.
Contrasting this with colonial rule, he described it as a period of economic exploitation and political repression that decimated these indigenous traditions.
“The framers of India’s Constitution were acutely aware of the evolving nature of law, society, and governance, and thus sought to craft a living document… to respond to the shifting contours of justice and social transformation.”
⚖️ Judiciary’s Role in Advancing Rights
Lauding India’s judiciary for playing a transformative role, Justice Kant highlighted mechanisms like Public Interest Litigation (PIL) and suo motu interventions that have helped expand rights for vulnerable groups.
He reiterated that India’s human rights model is neither rigid nor imported, but rather a dynamic synthesis of ancient principles and modern imperatives.