Chief Justice of India Dhananjaya Y. Chandrachud, in a compelling address, emphasized the need for the law to transcend the traditional divide between public and private spaces to effectively combat discrimination. Speaking at the inaugural “Justice ES Venkataramiah Centennial Memorial Lecture” organized by the National Law School of India University (NLSIU) in Bengaluru, CJI Chandrachud highlighted the constitutional imperative of equal protection of law in all spheres of life.
CJI Chandrachud stressed that the law must not turn a blind eye to discrimination in private spaces, such as households or marriages, as doing so would fail the promise of equal protection under the law. He remarked,
“If the hierarchies persist in a private space and the law looks the other way in the name of the sanctity of the household, or the sanctity of marriage, we will be failing the promise of equal protection of law and qualifying it with a caveat, based on the location of the wrongdoing. This will be a diluted understanding of what privacy entails.”
The Chief Justice also addressed the issue of subtle forms of bias and discrimination that persist despite legal victories and societal movements, particularly highlighting the gender pay gap. He noted,
“This issue is particularly pronounced for Indian women. Especially those belonging to a marginalized community. Despite their significant contributions to various professional spheres, women continue to face disparity in remunerations compared to their male counterparts.”
In his lecture, themed ‘Constitutional imperatives of the state, navigating discrimination in public and private spaces,’ CJI Chandrachud questioned whether laws and policies further the objectives of the constitution in both public and private spaces. He pointed out that the law often treats people differently based on the physical location of their actions, a distinction that has been the basis of feminist and economic critiques for years.
CJI Chandrachud argued that for freedom of expression to truly exist, it must be present in both public and private spaces. He stated,
“There is, therefore, a need to look beyond this binary and search for the grievances that underlie both these spheres.”
He highlighted the economic activities of homemakers in private spaces and the distinct roles often assigned to women in public spaces, emphasizing that rights and their infringement occur in both domains.
The Chief Justice also touched upon the challenges faced by women in prisons, as highlighted in a 2018 report by the Ministry of Women and Child Development, and the need for legal assistance to fill the void created by family abandonment.
Concluding his address, CJI Chandrachud called for an evolution of the legal landscape to accommodate differences, eradicate biases, and ensure substantive equality. He urged legal practitioners to be architects of change, contributing to a future where the rights of every citizen are not just protected but celebrated.
This address by the Chief Justice of India marks a significant step towards recognizing and addressing the complexities of discrimination in both public and private spheres, underscoring the need for a holistic and inclusive approach to law and justice.
