In a world where history has often been marred by egregious wrongs committed against marginalized social groups, Chief Justice of India D Y Chandrachud’s recent remarks serve as a stark reminder of the role that the legal system has played in perpetuating these injustices. As he rightly points out, the harm caused by the legal system’s complicity in these historical wrongs can persist for generations. This raises a critical question: can justice truly be served if it is delayed, or does “justice delayed” indeed mean “justice denied”?
The phrase “justice delayed is justice denied” encapsulates a fundamental principle of the legal system. It highlights the critical importance of a swift and efficient legal process in delivering justice. When justice is delayed, it loses its efficacy and meaning. This principle holds even more weight when we consider the historical wrongs perpetrated against marginalized communities.
Historical wrongs against marginalized groups are not isolated incidents. They are deeply entrenched in the fabric of society, stemming from prejudice, discrimination, and unequal power dynamics. The annals of history are stained with instances of profound injustice, from the transatlantic slave trade to caste inequalities in India, the oppression of indigenous Adivasi communities, and the systemic oppression of women, LGBTQI individuals, and other minority communities. The legal system has often played a pivotal role in perpetuating these wrongs.
Take, for example, the United States, where slavery was not only tolerated but legally sanctioned. The codification of discriminatory laws supporting the institution of slavery, the Jim Crow laws enforcing segregation, and forced assimilation policies targeting indigenous peoples are just a few examples of how the legal framework was weaponized to systematically oppress and marginalize certain communities. This historical oppression has left a lasting legacy that continues to shape the lives of these marginalized groups.
India, too, has its share of historical wrongs. Caste inequalities have affected millions of backward castes, and the oppression of indigenous Adivasi communities persists. Both in the United States and India, oppressed communities were denied voting rights for extended periods, further perpetuating their marginalization. Even when such laws have been overturned, the harms they caused can persist for generations, creating a self-perpetuating hierarchy that normalizes injustice.
The normalizing of injustice, or the creation of an “other” in society, leads to a rift of violence and exclusion against these marginalized communities. This “otherness” is a result of systemic oppression embedded in the legal system, which makes it essential to address historical wrongs promptly to prevent further violence and exclusion.
The 2023 International Conference on the ‘Unfinished Legacy of Dr. B.R. Ambedkar’ focused on ‘Law, Caste, and The Pursuit of Justice.’ Chief Justice Chandrachud highlighted the importance of affirmative action policies in India, which have provided crucial support to oppressed social groups by offering them opportunities for education, employment, and representation. These policies aim to rectify historical wrongs by giving marginalized communities a meaningful voice in decision-making processes.
However, Chandrachud also noted that diversity alone is not enough. While representation is essential, it must not be confused with diversity. Simply focusing 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.
The legal system also faces challenges when dealing with deeply rooted patriarchal customs and caste-based discrimination. Despite constitutional guarantees of gender equality, gender-based discrimination and violence continue to persist. Similarly, despite legislation prohibiting caste-based discrimination, incidents of violence against protected communities are on the rise. Successes in affirmative action should not be used to dismiss the structural issues of discrimination that still exist.
The differentiation between non-discrimination and affirmative action has become increasingly relevant. While arguments against discrimination advocate for the state to abstain from discriminating, affirmative action is a positive command to uplift individuals who have suffered historical wrongs. Some argue that affirmative action is fundamentally contrary to the idea of colorblind equality. These debates exist not only in India but also in the United States.
Dr. B.R. Ambedkar’s legacy serves as a beacon for social reform and the pursuit of justice for all. His idea of constitutionalism has been instrumental in transforming Indian society by dismantling deeply entrenched caste hierarchies and promoting social, economic, and political empowerment for marginalized groups. The legacy of Ambedkar continues to shape the constitutional values of modern India.
By Adv Sheikh Mudasir
