Instant case was filed to direct the government to find out original names of ‘ancient historical cultural religious places’, named after barbaric foreign invaders and publish the initial names of ancient historical cultural religious places, which were renamed by barbaric foreign invaders. It was stated that the country is celebrating the 75th Anniversary of Independence but there are many ancient, historical, cultural, religious places in the name of ‘brutal foreign invaders’, their servants and family members. He has given various examples. He invokes the right to dignity as flowing from Article 21 of the Constitution of India. He further submits that there is his fundamental right to culture which is protected in Articles 19 and 29. Again, he refers to Article 25 as the source of his right to religion and in regard to his fundamental right to know, he leans on Article 19(1)(a). He also has brought up the concept of ‘sovereignty’ being compromised by the continuous use of the names of the ‘brutal invaders’.
Held, The history of any nation cannot haunt the future generations of a nation to the point that succeeding generations become prisoners of the past. The golden principle of fraternity which again is enshrined in the preamble is of the greatest importance and rightfully finds its place in the preamble as a constant reminder to all stakeholders that maintenance of harmony between 12 different sections alone will lead to the imbibing of a true notion of nationhood bonding sections together for the greater good of the nation and finally, establish a sovereign democratic republic. We must constantly remind ourselves that courts of law, as indeed every part of the ‘State’, must be guided by the sublime realisation, that Bharat is a secular nation committed to securing fundamental rights to all sections as contemplated in the Constitution.
- We are, therefore, of the view that the reliefs which have been sought for should not be granted by this Court acting as the guardian of fundamental rights of all under Article 32 of the Constitution of India and bearing in mind the values which a Court must keep uppermost in its mind – the preamble gives us clear light in this direction. Para 11-12
Ashwini Kumar Upadhyay v. Union of India, (2023)