“Courts have recognised that a seemingly neutral law might be a tool of oppression to a particular group. To truly achieve substantive equality, the impact of its provisions must be understood in the context of social realities,” said Chief Justice of India (CJI) D.Y. Chandrachud while delivering a lecture in Bengaluru on December 17.
The CJI delivered ‘The Inaugural Justice E. S. Venkataramiah Centennial Memorial Lecture’ organised by the National Law School of India University (NLSIU) on the topic of ‘Constitutional imperatives of the State navigating discrimination in public and private spaces.’ He stressed the need for the law to look beyond the binary of public and private spaces to battle discrimination in terms of gender, disability and caste.
“Overcoming socially ascribed roles necessitates transcending artificial public-private dichotomies. Addressing power imbalances has become an imperative of our time. Our laws are powerful tools in opening our public spaces as well as curbing private discrimination,” he said.
“To truly overcome stereotypical roles, the law and policy should transcend the public-private dichotomy and address power imbalances regardless of the locations. This requires a comprehensive approach that considers societal context, historical perspectives and the jurisprudence of discrimination law. By doing so, we pave the way for a society where equality is not a mere slogan but a lived reality for all our members. The legal landscape must evolve, weaving a tapestry that accommodates differences, eradicates biases and ensures substantive equality,” he added.
Making courts disabled friendly
Justice Chandrachud elaborated on the need to make courts across the country disabled-friendly as an example of this push. “The Supreme Court’s State of the Judiciary report indicated that only 30.4% of district court complexes have washrooms for persons with disabilities and other infrastructural facilities. In preparing for a day at the court, rather than sharpening their arguments and submissions, a lawyer or a litigator is forced to account for parking arrangements and spot washroom facilities inside the court complex,” said. He also lauded the judiciary in Karnataka for having the highest number of employees of persons with disabilities, particularly among their staff.
He said disability was often viewed as a barrier that denies opportunities to the differently abled due to societal biases. He added that individuals with disabilities often encounter doubts about their capabilities after receiving opportunities due to ingrained ableism. He also said technology played a key role in shaping inclusive spaces and how it acts as a democratising force that ensures that access to information and legal processes is no longer a privilege but a right.
The CJI said that based on the recommendations of an audit performed by the Supreme Court Committee of Accessibility, the apex court was currently in the process of introducing accessible routes and dedicated parking spaces along with the establishment of dedicated sections, mediations protocols and enhanced facilities like accessible restrooms and lactation rooms, among other things. He also said that recently, a hearing-impaired lawyer, Sarah Sunny, was allowed to argue a case virtually with the assistance of a sign language interpreter in the court.
