Legal Framework Sometimes Used as a Tool of Oppression: CJI

Legal Framework Sometimes Used as a Tool of Oppression: CJI

VoM News Desk | October 23, 2023 | 02:47 PM IST | Breaking News | Follow on Google News

Legal Framework Sometimes Used as a Tool of Oppression: CJI

Legal Framework Sometimes Used as a Tool of Oppression: CJI

In a recent address at the Sixth International Conference on the ‘Unfinished Legacy of Dr. B.R. Ambedkar,’ Chief Justice of India DY Chandrachud expressed concerns about the legal system’s role in perpetuating historical wrongs against marginalized social groups. He emphasized how these wrongs, rooted in prejudice, discrimination, and unequal power dynamics, have afflicted various communities across the globe.

Historical Wrongs and the Legal System

Chandarchud pointed out the grim history of historical wrongs, from the transatlantic slave trade to caste inequalities in India, oppression of Adivasi communities, and systemic discrimination against women and LGBTQI individuals. Notably, he highlighted how the legal system, both in the United States and India, played a pivotal role in perpetuating these wrongs. Discriminatory laws, such as those supporting slavery or enforcing segregation, have been codified, and marginalized communities were denied voting rights for extended periods.

Legacy of Harms and the Need for Reformation

Even when discriminatory laws were eventually overturned, the legacy of their harms has persisted for generations, perpetuating injustice and creating a self-perpetuating hierarchical structure in society. Chandrachud stressed the importance of reformation beyond representation, ensuring that marginalized communities have a meaningful voice in decision-making processes. He also warned against tokenism and the overemphasis on diversity, which can undermine the professional and personal growth of individuals from underrepresented groups.

Despite constitutional guarantees of gender and caste equality, deeply-rooted customs may persist, leading to gender-based and caste-based discrimination. Even when affirmative action is implemented, arguments are sometimes advanced to dismiss structural issues of discrimination.

Chandarchud’s address underscored the importance of addressing historical wrongs and creating a more just society by considering both non-discrimination and affirmative action.

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