‘Flabbergasted’ by Akbar’s Portrayal as Tyrant: Justice Nariman Calls It Historical ‘Distortion’ in Textbooks

Former Supreme Court judge Justice Rohinton Nariman has objected to the portrayal of Mughal emperor Akbar as is now in school textbooks, contending that reducing him to a tyrant reflects 'distortion' of history and undermines the principle of 'fraternity' under the Constitution.

Delivering the KM Bashir Memorial Lecture at Thiruvananthapuram on September 1 on the theme “Fraternity in a secular state: The protection of cultural rights and duties", Justice Nariman said he was “flabbergasted” to find that a child’s history book described Akbar only as a tyrant responsible for mass killings at Chittor, with no reference to his wider contributions.

"That’s pretty much all that was said about him, and almost nothing was said about any of the great Mughals. So complete effacement number one, followed by a total distortion,” he remarked.

Justice Nariman linked such portrayals to a failure in upholding constitutional fraternity. He noted that while fundamental duties were incorporated into the Constitution in 1976, the idea of fraternity has not been adequately realised in public life or education. “It’s all very well to speak of fraternity, but what happens when, on the ground, history books are distorted?” he asked.

According to him, this kind of distortion runs contrary to Article 51A of the Constitution, which requires every citizen to promote harmony and preserve the country’s “rich composite culture".

He went on to suggest that courts could be approached if school curricula are found to erode these values. “Instead of preserving composite culture, you are attacking it. Therefore, please reverse it,” he said, adding that while judges may not have the expertise to examine historical facts, they could refer the issue to panels of experts.

However, he stressed that "prevention is always better than cure" and for that, he said, he has done his bit in his book "An Ode To Fraternity: Life, Death and Beyond in World Religion: Is There Unity in Diversity?".

He argued that fundamental duties should not be treated as mere exhortations, unlike the directive principles of state policy. In his view, every duty has a “co-relative in rights,” and its breach could become enforceable in court.

Expanding on the idea of fraternity, the former judge turned to national symbols and history. He described how the evolution of the national flag embodies harmony among communities, recalling the early versions unfurled by Madam Bhikaji Cama and the eventual adoption of Ashoka’s Dharma Chakra in the tricolour. He said the white band stands for peace among faiths, while the wheel signifies the moral law of Dharma.

He then invoked Ashoka’s twelfth rock edict, which urged people to respect and praise other faiths to foster concord. “Concord is exactly fraternity,” Nariman said, stressing that citizens must study one another’s traditions rather than denigrate them. He urged the audience never to forget that “fraternity is the first thing that stares you in the face” when looking at the flag.

In the same lecture, Justice Nariman also called for a complete ban on the use of loudspeakers in religious spaces and temple bells during early mornings. He argued that practices such as loudspeaker announcements and incessant temple bell ringing create a serious public health hazard, adding that “it is making the Lord himself deaf.”

He clarified that such instruments could be freely used inside auditoriums or enclosed spaces, but their use outside in residential areas causes unacceptable levels of noise pollution. Religion must be practised, but not at the cost of disturbing public peace, he said.