Speaking at the MC Chagla Memorial Conference on Justice, Judge Chandrachud said that given the importance of truth in nation-building, many countries after the independence of totalitarian regimes choose to establish “truth commissions” that work. to document, record, and recognize the “truth” of previous regimes and violations for future generations, so that they not only provide catharsis for survivors, but also prevent any possibility of denial in the future. ”
“In a different context, this role can also be played by courts that have the capacity to document the information of all parties involved, after due process has been followed. In the knowledge of their motto of the Covid-19 pandemic adopted by our Supreme Court, we have recognized this role in the context of the pandemic, ”he said.
One of the remedies is to strengthen public institutions, he said, adding that, as citizens, “we must strive to ensure that we have a press free of influences of any kind, political or economic, that we will provide information impartially … We must also protect the integrity of our elections and consider voting not only as a right but also as a duty. To do that, we need to ensure that all citizens receive a basic education and truly understand the value of their vote. ”
Comparing the relationship of truth with democracy with that of a sword and a shield, the SC judge said: “The scope of an extensive deliberation, especially in the age of social media, exposes multiple” truths ”so much so that we seem to live in an“ age of lies, ”and that shakes the very foundations of a democracy.”
“Democracy needs the power of truth to survive. But “truth” has its nuances in terms of social values, ”he said and set the example of the attitude of societies and democracies towards the legalization of the gay sex.
“While India is currently moving towards the normalization of same-sex relationships, more than ten countries around the world still prescribe the death penalty for homosexuality. If we consider another example, we can see that 40 years later that India legalized abortion in 1971, most Latin American countries have not yet legalized it. life, and for another, this would be a “false” statement, said the judge, who was part of the five-judge bench that legalized private consensual sex between adults belonging to LGBTQ communities.
Judge Chandrachud said that only the state cannot be the determinant of truth, even in democracies. He said it cannot be said that “the state cannot indulge in falsehood for political reasons, even in democracies.” “The role of the United States in the Vietnam War did not see the light of day until the Pentagon’s work was published. In the context of the Covid-19 pandemic, we see that there is a growing trend of countries around the world trying to manipulate data on the rate of infection and deaths. So once again you can’t just rely on the state to determine the “truth,” he said.
He said the truth is facing a difficult time with the proliferation of social media exacerbating the circulation of fake news. “It is undeniable that the phenomenon of ‘fake news’ is increasing. A relevant example of this is that the WHO recently described the current Covid-19 pandemic as ‘infodemic’, due to the overabundance of online misinformation.” However, scholars have also pointed out that “fake news” or false information is not a new phenomenon, as it has existed since the print media existed.But rapid technological advancement and the spread of Internet access they have definitely aggravated this problem “.