Legal

'Remedying Historical Wrongs Ought To Be Goal Of Any Constitutional System': CJI DY Chandrachud

Bhuvan Krishna

Oct 25, 2023, 01:15 PM | Updated 01:15 PM IST


Chief Justice of India D Y Chandrachud.
Chief Justice of India D Y Chandrachud.

In underscoring the crucial role of affirmative action in rectifying "historical injustices," Chief Justice of India, D Y Chandrachud, has emphasised the need to reject arguments put forth by "caste elites" who contend that the provision of affirmative action negates the existence of underlying structural discrimination.

Addressing the audience during his keynote speech at the sixth international conference on the 'Unfinished Legacy of Dr. B R Ambedkar' at Brandeis University in Massachusetts, the CJI articulated the importance of not succumbing to binary narratives.

He urged the dismissal of claims that affirmative action alone can resolve the deeply entrenched issues surrounding caste inequalities, even when it achieves modest successes.

Chandrachud contextualised this discussion within a broader historical perspective, noting that marginalised groups have endured grave injustices throughout history.

He cited examples such as the transatlantic slave trade, the displacement of Native Americans, caste-based inequalities in India, as well as the systemic oppression faced by women, LGBTQ+ individuals, and minority communities.

He asserted that addressing and redressing historical wrongs should be a fundamental objective of any constitutional system.

Furthermore, he emphasised that while representation is a significant means to this end, it is not the sole solution.

Bhuvan Krishna is Staff Writer at Swarajya.


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