Chief Justice of India DY Chandrachud, in a keynote address at the 36th LAWASIA Conference 2023 in Bengaluru, emphasized the critical role of state intervention in preventing the oppression of historically marginalized communities by dominant social groups. His speech, themed
“Identity, the Individual and the State: New Paths to Liberty,”
highlighted the limitations of traditional notions of liberty and the need for affirmative action to address deep-rooted discrimination.
CJI Chandrachud stated,
“Traditionally, liberty has been understood as an absence of State interference in a person’s right to make choices. However, contemporary scholars have come to the conclusion that the role of the State in perpetuating social prejudices cannot be ignored. In effect, where State does not intervene, it automatically allows communities with social and economic capital to exercise dominance over communities who have been historically marginalized.”
He further elaborated on the limitations of the historical understanding of liberty, which was primarily perceived as freedom from external constraints, such as tyrannical rule.
“People who face marginalization because of their caste, race, religion, gender, or sexual orientation will always face oppression in a traditional, liberal paradigm. This empowers the socially dominant in two ways. First, it removes State fetters from them to act as they please. Second, it emboldens dominant social groups to exercise their existing dominance to oppress marginalized populations,”
he explained.
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CJI Chandrachud also underscored the importance of identity and its recognition by the State in determining access to resources and the ability to express grievances and demand rights. He highlighted the role of affirmative action in India, particularly for Scheduled Castes, Tribes, and Backward Classes, in addressing caste-based inequalities and social segregation.
Addressing the issue of systemic discrimination, CJI Chandrachud pointed out the challenges faced by people with disabilities in India. He criticized the practice of forcing disabled individuals to obtain certificates for entitlements, which often leads to many falling through the cracks due to rigid benchmark scales.
“Instead of making accessible infrastructure and disability-friendly education… people with disabilities are still relegated to an inferior status in need of state rescue,”
he remarked.
Concluding his address, CJI Chandrachud emphasized that the journey of liberty should aim to remove systematic barriers and make oppression-based identities obsolete. He advocated for a society where self-identities become benign distinctions that do not lead to discrimination.
This address by the Chief Justice of India highlights the evolving understanding of liberty in the context of identity and the State’s role in ensuring equality and justice for all sections of society.