• About Us
  • Contact Us
  • Our Team
  • Advertise with Us
  • Contributors
  • FAQ
  • Privacy Policy
  • Terms of Service
Saturday, September 12, 2026
The Kashmir Horizon
EPAPER
  • HOME
  • Region
  • City News
    • Srinagar
    • Jammu
  • News In Focus
  • Opinion
    • Editorial
    • Ideas
    • My Idea
    • Friday Faith
    • Letter to the Editor
  • Business
  • Sports
  • India
  • World
  • Snapshots
  • ePaper
No Result
View All Result
The Kashmir Horizon
  • HOME
  • Region
  • City News
    • Srinagar
    • Jammu
  • News In Focus
  • Opinion
    • Editorial
    • Ideas
    • My Idea
    • Friday Faith
    • Letter to the Editor
  • Business
  • Sports
  • India
  • World
  • Snapshots
  • ePaper
No Result
View All Result
The Kashmir Horizon
No Result
View All Result
Home Latest Update

Unfortunately, Legal System Has Often Played ‘Pivotal Role’ In Perpetuating ‘Historical Wrongs’ Against Marginalised Social Groups: CJI

Agencies by Agencies
October 23, 2023
in Latest Update
A A
Share on FacebookShare on TwitterWhatsappTelegramEmail

New York, Oct 23: Chief Justice of India D Y Chandrachud has said that unfortunately the legal system has often played a “pivotal role” in perpetuating “historical wrongs” against marginalised social groups and the harm caused by this can persist for generations.
Chandrachud delivered the keynote address at the Sixth International Conference on the ‘Unfinished Legacy of Dr. B.R. Ambedkar’ at the Brandeis University, Waltham, Massachusetts, on Sunday.
In his address titled ‘Reformation Beyond Representation: The Social Life of the Constitution in Remedying Historical Wrongs’, Chandrachud said that throughout history, marginalised social groups have been subjected to horrendous, egregious wrongs, often stemming from prejudice, discrimination and unequal power dynamics.
From the brutal transatlantic slave trade that forcibly uprooted millions of Africans, the Native American displacement, caste inequalities in India affecting millions of backward castes to the oppression of indigenous Adivasi communities in India, systemic oppression of women, LGBTQI individuals and other minority communities, the annals of history are “stained” with instances of profound injustice, he said.
“Unfortunately, the legal system has often played a pivotal role in perpetuating historical wrongs against marginalised social groups. Like in the United States, slavery was legalised in certain parts of India as well,” he said.
He added that in the United States, from the codification of discriminatory laws that supported the institution of slavery, the Jim Crow laws that enforced segregation in the American South to the forced assimilation policies targeting indigenous peoples, “the legal framework has frequently been weaponised to systematically oppress and marginalise certain communities.” “Furthermore, both in the United States and in India, the oppressed communities were denied voting rights for a long period of time. In that way, law as an institution was used to maintain existing power structures and to institutionalise discrimination, leaving a lasting legacy of injustice that continues to shape the lives of these groups and communities.” He noted that even when such laws have been eventually overturned or repealed, the “legacy of their harms can persist for generations, underscoring the complex and enduring relationship between law and historical wrongs committed against marginalised groups. These historical wrongs perpetuate injustice by creating a social system, where the marginalised communities are not allowed to rise above their oppression,” he said.
“It creates a kind of self-perpetuating” and hierarchal structure of society, which leads to the normalisation of injustice towards certain groups.
“This normalisation can creep up to the instances where the alienation of these communities makes them the ‘other’ in society. Otherness can then create a rift of violence and exclusion of these communities as well,” he said.
The 2023 edition of the conference focused on ‘Law, Caste, and The Pursuit of Justice’ and was presented by The Center for Global Development and Sustainability at the Heller School for Social Policy and Management at Brandeis University.
Chandrachud emphasised that since independence, affirmative action policies in India have offered crucial support to oppressed social groups by providing them with opportunities for education, employment and representation that might otherwise be inaccessible due to deeply entrenched inequalities.
“Reformation beyond representation entails ensuring that marginalised and underrepresented communities not only have a seat at the table, but also that they have a meaningful voice in decision-making processes. There is also a concern that in spaces where representation is not legally mandated, representation must not be confused with diversity,” he said.
“It has been stated by scholars that the sole focus on diversity can lead to tokenism where individuals from underrepresented groups are viewed as symbols of diversity, rather than being valued for their skills and qualifications. This can undermine their professional and personal growth,” he added.
He said that despite constitutional guarantees of gender equality, deeply-rooted patriarchal customs may persist, leading to gender-based discrimination and violence. Similarly, despite legislation prohibiting caste-based discrimination, incidents of violence against protected communities are on the rise.
He further said that even the slightest success of affirmative action is used by caste elites to dismiss the issues around caste inequalities.
“Arguments are advanced that just because affirmative action is being provided, structural issues of discrimination don’t exist anymore at all. Such binary narrations must be rejected and I believe, rejected at the constitutional level and at the social level as well,” he said.
Chandrachud added that today, non-discrimination and affirmative action are often differentiated by references to a negative and positive form of liberty.
“Arguments that a state ought to abstain from discriminating are distinguished from a positive command or mandate to uplift individuals who have suffered from historical wrongs. It is also argued that affirmative action is fundamentally contrary to the idea of equality, or colourblind equality, at the least. You find traces of that rationale, not only in India, but in the US as well, including in recent times.” Chandrachud underscored that Dr. Ambedkar’s idea of constitutionalism was instrumental in transforming Indian society by dismantling deeply entrenched caste hierarchy and promoting social, economic and political empowerment for marginalised groups.
Ambedkar’s “legacy continues to shape the constitutional values of modern India, serving as a beacon for social reform and the pursuit of justice for all.” He cited Ambedkar, who had said that however good a Constitution may be, it is sure to turn out bad because those who are called to work it happen to be a bad lot. “However bad a Constitution may be, it may turn out to be good if those who are called to work it happen to be a good lot.”

Agencies

Agencies

Related Posts

‘My Party Abandoned the Fight’: Aga Ruhullah Takes Swipe at NC Over BJP-RSS

MP Aga Ruhullah denies reports of forming new political party
by KH Web Desk
September 11, 2026

Srinagar, Sept 11: National Conference Lok Sabha member Aga Syed Ruhullah Mehdi has publicly questioned his party’s approach to several...

Read moreDetails

GMC Anantnag Enforces Strict Dress Code, Makes Apron and ID Cards Mandatory

GMC Anantnag emerges as major Cardiac Care hub
by KH Web Desk
September 11, 2026

Srinagar, Sept 11: Government Medical College (GMC) Anantnag has directed all medical, nursing, paramedical, technical and allied healthcare staff to...

Read moreDetails

NHM Employees extend J&K-Wide Strike by 72 Hours From September 12

NHM Employees Announce 72-Hour Strike From Sep 9
by KH Web Desk
September 11, 2026

Association says prolonged pendency of demands leaves employees with no option but to continue peaceful agitation Srinagar, Sept 11: The...

Read moreDetails

Artisan’s IFFJK Show creates buzz, capture attention of tourists, locals

IFFJK Day three spotlights J&K’s storytelling talent and global cinematic opportunities
by KH Web Desk
September 11, 2026

Srinagar’s SK Park hosts Soulful Kashmir, mesmerise visitors, students and craft lovers with niche handmade products SRINAGAR, SEPTEMBER 11: Riding...

Read moreDetails

ACB arrests Patwari for accepting Rs 10,000 bribe in Budgam

ACB arrests Patwari for accepting Rs 10,000 bribe in Budgam
by KH Web Desk
September 11, 2026

Srinagar, Sept 11: The Anti-Corruption Bureau (ACB) on Friday said it trapped and arrested a Patwari after he was allegedly...

Read moreDetails

Brief rain, thundershowers likely at scattered places from Sept 14-16: MeT

Heavy rainfall lashes Jammu Division; MeT predicts more showers from Aug 11
by KH Web Desk
September 11, 2026

Srinagar, September 11: Jammu and Kashmir is likely to witness generally dry weather over the next several days, with brief...

Read moreDetails

About

The publication of “Kashmir Horizon” as an English daily was started with a modest attempt on May 19, 2008.It has been a Himalayan attempt for “The Kashmir Horizon” to survive the challenges posed to journalism in the violence fraught place like Jammu & Kashmir.

MORE

Search in Archive

DIGITAL EDITION

  • About Us
  • Contact Us
  • Our Team
  • Advertise with Us
  • Contributors
  • FAQ
  • Privacy Policy
  • Terms of Service

© The Kashmir Horizon - Designed by Gabfire

No Result
View All Result
  • HOME
  • Region
  • City News
    • Srinagar
    • Jammu
  • News In Focus
  • Opinion
    • Editorial
    • Ideas
    • My Idea
    • Friday Faith
    • Letter to the Editor
  • Business
  • Sports
  • India
  • World
  • Snapshots
  • ePaper

© The Kashmir Horizon - Designed by Gabfire

✕
The Kashmir Horizon

FREE
VIEW