“Look beyond the binary of public and private spaces to battle discrimination in terms of gender, disability and caste”: CJI

CJI Chandrachud stresses need to battle discrimination & create inclusive spaces for all, with law & technology playing key roles.

“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 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 which 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.  

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 which denies opportunities to the differently abled, due to societal biases. He added that individuals with disabilities often encountered 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 which ensures that access to information and legal processes is no longer a privilege, but a right.