Sona Khan, Senior Advocate, Supreme Court of India
What is the experience of your country in managing diversity?
Well, India, the Indian whole continent has been full of diversity for many centuries. Islam came in India, in south India in the late 6th or 7th century, I mean 7th century and the Christianity came here in the 2nd century. So, the diversity had began much, much earlier than now it is being perceived or valued or you could name.
The spread of religion and the minority concept in the Indian constitution have unique features. The uniqueness of the Indian constitution is, it is secular, but there are very many western constitutions which are secular, but in that secularism means that there is no place for religion. The Indian legal system and also the framework of the political system that we follow in parliament to democracy, it is a respect for all religions and equal respect. That means it shall have no religion of its own, but at the same time would tend to respect all religions equally or cultural communities equally and recognise them in case of its recognition.
Now having said that, but I must inform you that as far as women’s rights are concerned, they are somewhat confused by the application of minority rights, because indigenous rights of women, first of the minority, get somehow sacrificed on the alter of community rights. For example, in the case of Muslim women, the voice of minority groups is much louder …but it tends to somehow subdue the right to demand for seeking individual rights by women of the minorities.
Sometimes also the political parties of all kinds and flavours tend to take advantage of it, because that gives them a secured ward back. So diversity otherwise is very healthy in the country. We have a phrase which says that it is harmonious. We seek unity in diversity. This is true and I’ll tell you, being an Indian, having lived in India, having worked in India, it has been a wonderful experience and I think it’s very unique that we have so much scope for the flourishing of all kinds of cultures, all kinds of ideologies, all kinds of frameworks of community organisations.
This is something, which it again becomes very, very emphatic in view of the rest of trying to find a singular paradigm. So, the pluralism of India can be a source of great appreciation for all those cultures, which tend to feel a little bit pushed to the wall when they are faced with diversity of the kinds that they are not familiar with or that they wish to share in the process.
What do you see as the main challenges for democracy today?
I think the reduction of poverty in any democratic society and access to equal opportunities just as a fair play, seems to be a real challenge of democracy. Inclusive participation needs to be of a high level. It’s not just going and voting at the time of elections, but also it should have … the people should have the possibility to participate in the larger development of their country and also in the decision making process. But any democracy which doesn’t ensure that there is participation of people in general of them all in the democratic process at every level seems to be only a democracy in name.
Phone interview with Ms Sona Khan, Senior Advocate, Supreme Court of India, 29 May 2007.
Interviewer: Bénédicte Walter, International IDEA’s Acting Head of Communications.
