Former Chief Justice of India BR Gavai on Friday said human rights cannot be viewed separately from social and economic development, stressing that fundamental freedoms have little substantive value when people lack access to basic necessities and conditions required for a dignified life.
Justice Gavai was delivering the ninth Chief Justice MC Chagla Memorial Lecture, where he examined the relationship between fundamental rights, sustainable development and the broader goals of human progress.
Delivering the MC Chagla Memorial Lecture, former CJI noted that formal political freedom is undermined when citizens are deprived of basic human dignity and essential services, concluding that rights cannot function simply as abstract ideals.
Justice Gavai said economic growth alone cannot be treated as a measure of human development and raised questions about the purpose and cost of development. Justice Gavai raised key questions about the nature of development, asking who benefits from it, what goal it aims to achieve, and who bears its cost.
Recalling his tenure on the Supreme Court’s Green Bench, Justice Gavai spoke about the challenges faced by courts in balancing environmental protection with developmental needs and livelihoods. Justice Gavai characterized environmental adjudication as a delicate balancing act between ecological preservation and sustainable development.
Justice Gavai referred to judicial interventions aimed at protecting the environment while also safeguarding the interests and dignity of communities dependent on traditional livelihoods. He cited the establishment of eco-sensitive zones around wildlife reserves and the phasing out of human-pulled rickshaws in Matheran in favour of battery-operated vehicles as examples of attempts to reconcile environmental concerns with workers’ dignity and livelihood.
He emphasised that economic growth must ultimately contribute to human dignity and intergenerational welfare. Former Chief Justice of India stated that environmental protection must sustain living conditions across generations, emphasizing that current generations hold resources in trust for the future. He added that public institutions must empower people to participate in these choices and seek remedies whenever their rights are violated.
The Chief Justice MC Chagla Memorial Lecture is organised in memory of Justice Mahommedali Currim Chagla, who served as the first Chief Justice of the Bombay High Court after India’s independence and later held several public offices. The annual lecture provides a platform for prominent jurists and public figures to address issues concerning law, justice and society.
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