Former CJI DY Chandrachud said his tenure regret was not addressing marital rape, calling it a legal gap and moral failure even seventy five years after Independence. He noted women facing non consensual sex in marriage still lack remedy.
JAIPUR: Former Chief Justice of India D.Y. Chandrachud expressed that one of his profound regrets during his tenure on the bench was not addressing the issue of marital rape, which he described as a legal gap and a moral failure, even 75 years after India gained independence.
Chandrachud stated,
“A husband who murders his wife is guilty of murder. A husband who assaults his wife is guilty of grievous hurt, But a woman subjected to non-consensual sex within marriage still has no remedy.”
While speaking at the Jaipur Literature Festival, he labeled the ongoing criminal immunity for marital rape as indefensible in a constitutional democracy. The matter was presented to him shortly before his retirement, but Chandrachud noted that concerns about fairness necessitated some restraint.
- Aiming to Make the Supreme Court Accessible:
This regret was accompanied by what he referred to as his proudest achievement, his efforts to transform the Supreme Court into a people’s court. He highlited his initiatives to make the institution more accessible and transparent.
He emphasized,
“No case was too small and no case too big,”
- Live-streaming of court proceedings:
Live-streaming court proceedings, which was initially met with skepticism, played a crucial role in this vision. This initiative, he believed, enabled litigants in remote areas from the Northeast to rural Maharashtra to follow their cases in real time.
Chandrachud acknowledged,
“I was warned against it, But I said, let citizens see what happens in court.”
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- Language barrier in Judiciary:
Language posed another barrier he aimed to dismantle. Since Supreme Court judgments were predominantly available in English, he felt the court was disconnected from the majority of Indians.
Under his leadership, AI-assisted tools were implemented to translate all judgments into languages recognized in the Eighth Schedule.
He asserted,
“This is not a Supreme Court of Delhi, It is a Supreme Court of India.”
- Appointment of Judges:
Regarding judicial appointments, Chandrachud recognized the shortcomings of the collegium system but warned against simplistic solutions.
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Advocating for increased transparency without turning the process into a public spectacle,he explained that:
“If the government appoints judges, the cure may be worse than the disease,”
- Post-retirement Roles
When asked why he declined government roles post-retirement, Chandrachud provided a personal and resolute response.
He said,
“Twenty-five years of judging was long enough, I wanted to return to civil society.”
He added,
“The joys of being a private citizen are limitless.”