‘Judiciary Should be Religion-Neutral’: Advocate Indira Jaising


‘Judiciary Should be Religion-Neutral’: Advocate Indira Jaising

Celebrated social activist, Padma Shree awardee and senior Supreme Court advocate Indira Jaising was felicitated with the Dr Asghar Ali Engineer Memorial Lifetime Achievement Award in Udaipur

 
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Udaipur, April 21, 2025 – “The judiciary has to be religion neutral, independent of political interference and then only can there be transparency and justice will prevail,” said Indira Jaising, senior advocate of the Supreme Court (SC) and well-known social and human rights activist. Jaising was speaking at an award function held to honour her with the 5th Dr Asghar Ali Engineer Memorial Lifetime Achievement Award at the Maharana Kumbha Sangeet Sabhaghar in Udaipur on April 19.

The prestigious Dr Asghar Ali Engineer Memorial Lifetime Achievement Award is an annual event and jointly organised by the Central Board of Dawoodi Bohra Community (CBDBC), Institute of Islamic Studies, Centre for Study of Society and Secularism, Dawoodi Bohra Jamaat and Bohra Youth Sansthan.

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This year’s award recipient Indira Jaising is a Padma Shree (2005) awardee, the first woman to be designated a senior advocate by the Bombay High Court (in 1986) and to be featured in the Fortune magazine in 2018 on the list of 50 Greatest Leaders of the World ( ranked 20th).

Accepting the award, the celebrated SC advocate shared her views with the audience on the topic “Judicial Accountability and the Appointment of Judges”.

Judiciary and Democracy

Expressing her belief in the current judiciary, Indira Jaising, however, asserted that democracy cannot thrive without transparency particularly in the judicial system. She bemoaned the fact that when judicial appointments are made based on government preferences, it can raise serious concerns about the integrity and veracity of justice. Judges should be appointed by judges themselves, the SC advocate said.

Referring to the March 14 news of the discovery of a large amount of cash in the house of Delhi High Court judge Justice Yashwant Varma during a fire, Jaising described it as a deeply unfortunate incident and regretted the existence of pressing issues like corruption within the judiciary.

Concerns about the judiciary and human rights had led Jaising to found the Lawyers Collective with her husband Anand Grover in 1981. The organisation is devoted to feminist and left-wing causes, especially the promotion of human rights.

A recent tweet by Advocate Jaising on X, on perhaps a different issue but nonetheless expressing her concern about the judiciary, says it all… "Seriously, some judges need lessons in anger management! They would make much better judges.”

Waqf (Amendment) Act

Indira Jaising’s talk could not have been complete without mention of the Waqf (Amendment) Act, 2025, which has recently taken the country by storm. The matter is currently in the Supreme Court. Advocate Jaising expressed her deep faith in the current Chief Justice of India (CJI) Sanjiv Khanna in whose Court the petitions against the Waqf Act is being heard.

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Referring to the CJI’s direct question to government counsel Solicitor General Tushar Mehta whether the government would allow the appointment of non-Hindus also in the advisory board of Hindu endowments, Jaising noted that such judicial scrutiny is commendable. She expressed hope that the SC would maintain its firm stance on the Waqf (Amendment) Bill.

“In my 50 years of practice, this is the first time I have heard a CJI ask such a direct question of the government,” advocate Jaising said. Praising CJI Khanna’s judicial insight regarding the Waqf Bill, she said she had full faith in the judiciary under him to deliver a fair judgement on May 5 instead of adjourning it further.

Attack on Judiciary

Advocate Jaising regretted the recent attack on the judiciary by Vice President Jagdeep Dhankar who criticised the SC for setting deadlines for the President to clear Bills passed by State Assemblies. She lamented such comments against the judiciary made by individuals in constitutional positions.

The senior SC advocate also spoke on the issue of social boycott faced by the reformist Dawoodi Bohra community. Regarding the case on-going since 1986 she said that it was likely to continue further explaining that a judgment in this case would set a precedent for other communities suffering from social boycott. Hence, the delay.

Earlier, the programme began with the recitation of the Holy Quran, followed by a tribute to the late Dr Asghar Ali Engineer by the secretary of CBDBC advocate Irfan Engineer. Irfan described the late social activist and celebrated writer as not only a leader and reformist of the Dawoodi Bohra community but also a globally respected Islamic scholar. The late Dr Asghar Ali has authored 78 books and was a devoted human rights activist who worked dedicatedly for the cause of the women and communal harmony.

The Award

Irfan, who is also Director of the Centre for Study of Society and Secularism, described Indira Jaising as a renowned SC advocate and celebrated social activist who works in the areas of women's empowerment, child and women’s rights, domestic violence, gender discrimination, communalism, and the social, economic and legal rights of women.

He elaborated on the Dr Asghar Ali Engineer Memorial Lifetime Achievement Award saying it honours individuals for their significant contributions in the fields of social service, human rights and communal harmony. Previous recipients include Malayalam literary figure KP Ramanunni, retired Justice Hosbet Suresh, Urdu writer AS Dalvi, and Dr Flavia Agnes.

Professor Dr Zainab Banu paid tribute to Dr Asghar Ali and introduced Indira Jaising to the audience. She read out the citation of the award before it was conferred on the celebrated social activist.

Eid-Holi Milan

Yusuf RG (Secretary, Bohra Youth Sansthan), also took to the stage to say that this was an opportune moment to celebrate Eid-Holi Milan in the presence of the audience from different communities. He recalled a time when all communities came together to celebrate each festival with bonhomie, geniality and in the right spirit.

At the end of the programme, the Chairman of CBDBC, Commander Mansoor Ali Bohra paid a fitting tribute to Indira Jaising in his Vote of Thanks. He said that she had “honoured the award by accepting it”.

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The event was hosted by CBDBC member Nasir Javed.

Also present at the award ceremony were Abid Ali Adeeb (CBDBC patron), senior SC advocate Anand Grover, Yunus Baluwala (CBDBC Treasurer), Iqbal Hussain Rassawala (president, Dawoodi Bohra Jamaat), Firoz Tinwala (Secretary, Dawoodi Bohra Jamaat), Professor Hemendra Chandalia, Himmat Seth (Samta Sandesh) and representatives from PUCL, AIPWA, Udaipur Film Festival, Taleem-o-Tarbiat Foundation, Janwadi Andolan and Democratic Thought Forum, along with many other social and human rights activists.

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