Chief Justice of India (CJI) DY Chandrachud on Saturday said that caste continued to hold influence in the society and expanded economic opportunities for different caste groups.
Calling reservation or affirmative action as a beacon of hope to weed out caste-based inequalities, the CJI said the caste system was only rooted in historical inequalities, but was also in complex realities of today.
Delivering the keynote address on the topic ‘Identity, the Individual and the State: New Paths to Liberty’ at the 36th LawAsia conference in Bengaluru, he said inherent complexities in law perpetuate such divisions in the society.
He said it was important to broaden the perspectives and include plurality at the core in the notion of popular sovereignty.
Regarding the lawyers being confronted with the intersection of liberty, identity and the role of the State to limit the same, he said it was important to understand the limitations of the historical understanding of liberty as being that of mere absence of State interference in individual actions and decisions.
The CJI explained this by giving the example of tribal communities for whom the idea of liberty is rooted in territoriality, and whose rights to governance over their lands encapsulates their assertions in the face of discrimination.
He said no knowledge was ideologically neutral and was contingent on objects of power. People see their own transforming idea of liberty.
Regarding the removal of underlying systemic discrimination in the society, the CJI said it was important to ensure that people were not boxed into different identities, he said.
He further mentioned the difficulties faced by the differently-abled people in the country.
He said people with disabilities were forced to get a certificate for entitlements. This has led to problems with the State devising benchmarks, leading many to lose out [on admissions, benefits/schemes] rather than fixing the overall physical infrastructure.
The CJI observed that it has led to the notion that they need rescue rather than the people needing to introspect.
He said people like him who wore glasses were not considered disabled as glasses were widely available. There was no deprivation of life opportunities for such people. It is the duty to the society to remember liberty as removal of systemic barriers and inequalities. Self identities should become benign distinctions that do not lead to discrimination, he added.
Speaking on the occasion, Karnataka High Court Chief Justice Prasanna B Varale said the digital landscape has redefined the age of lawyering and restructured its dynamics.
In the digital age, the notion of time and space has undergone a profound shift. It required people to embrace continuous learning. It was the responsibility of the society to shape a digital landscape where rule of law was the cornerstone, he added.
The 36th LAWASIA Conference 2023 started on November 24 and will continue till November 27. This year’s theme for the four-day event is ‘Everything, Everywhere, All at Once.’