Supreme Court Justice BR Gavai stated that reservation and affirmative action have facilitated the ascent of individuals from marginalized communities to prominent government positions in India. He emphasized that his ability to serve in the highest judicial office is solely attributed to the Indian Constitution and its commitment to affirmative action and inclusion.
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NEW DELHI: Supreme Court Justice BR Gavai emphasized the pivotal role of reservation and affirmative action in facilitating the rise of individuals from marginalized communities to prominent government positions in India.
Speaking at an event hosted by the New York City Bar Association (NYCB), Justice Gavai shared insights into his own journey, revealing that his elevation to the Supreme Court was expedited by two years to ensure representation of judges from the Dalit community on the bench.
“If not for giving representation to Scheduled Castes, I would have been elevated maybe two years later,”
-Justice Gavai remarked, underscoring the impact of affirmative action on his career trajectory.
Having previously served as a distinguished lawyer, Justice Gavai highlighted how this factor also influenced his elevation as a judge in the Bombay High Court before ascending to the apex court. Reflecting on his appointment to the Bombay High Court in 2003, Justice Gavai noted the absence of Dalit judges at that time and suggested that it might have played a role in his selection.
“That may be one of the factors in my appointment as a High Court judge,”
-he opined.
Acknowledging the transformative power of the Indian Constitution and its mandate of affirmative action and inclusion, Justice Gavai attributed his ability to serve in the highest judicial office to these principles.
During the event, which featured a cross-cultural discussion on the judiciary’s role in India and the United States, Justice Gavai shared personal anecdotes, including his humble upbringing in a slum area and attending a municipal school. When questioned about the duties of the Chief Justice of India (CJI), he emphasized the importance of providing equal leadership to the entire judiciary and maintaining its independence.
Addressing contemporary challenges, Justice Gavai expressed concern about unwarranted criticism of judges, particularly through manipulated media clips. He cited a recent incident involving a doctored video clip of CJI Chandrachud, highlighting the need for vigilance against misinformation.
Reflecting on his most fulfilling moment, Justice Gavai recounted an instance from his legal career where he obtained an urgent stay from the Supreme Court, thereby safeguarding the livelihood of slum-dwellers in Nagpur.
The conversation, moderated by Justice Ushir Pandit-Durant, provided valuable insights into the role of diversity, equity, and inclusion in shaping judicial systems and advancing individual rights in both India and the United States.
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