Gender diversity holds key for more equitable decisions: CJI

Diversity and representation are crucial not only to rectify historical injustices, but also to enrich the decision-making capacity of courts, Chief Justice of India Dhananjaya Y Chandrachud said on Saturday, adding that the institutions of law cannot remain aloof from sociopolitical realities and aspirations of the time.

“There was once a notion of law which limited us to merely an isolated arena from society. Today, legal fora across the globe are recognising that they cannot view themselves as divorced from the socio-political realities and aspirations of the time,” the chief justice said. “This recognition fosters an environment conducive to mutual learning and exchange of ideas.”

Delivering his address at the second Supreme Court of India annual lecture series, justice Chandrachud highlighted the dichotomous yet intricate relationship between the law and politics, as he welcomed International Court of Justice Hilary Charlesworth, his batchmate from the master of law class of 1983 at Harvard Law School.

Chief justice Chandrachud drew a parallel between the journey of the International Court of Justice and the Supreme Court, pointing out that the latter is entering its 75th year while the international court celebrated 75 years of its inception in 2021.

“Today, there are 193 United Nations member states. The existence of diverse member states has had a tangible influence on the kind of cases that the ICJ is faced with today. Not only has there been an increase in the number of cases brought before the court, but the subject matter of the cases has also seen a sea change. Various nations are calling on the court to determine issues of human rights including questions about the Genocide Convention and the Convention on Torture,” the chief justice said.

Read more: ‘Bail is rule, jail an exception’ does not apply in terror cases: Supreme Court

In this way, chief justice Chandrachud pointed out, the change in global politics has been crucial in shaping the transformation of ICJ, reflecting the deep interplay between politics, power and the law.

“Similarly, the institution of the Supreme Court of India in 1950, which we have gathered to commemorate, was also a moment that marked political and social transformation. It cannot be viewed as divorced from the political realities of its time. The sitting of the Supreme Court for the first time echoed the aspirations of a nascent country burdened by the legacy of colonial rule and entrenched social stratification, yet equipped with a transformative, progressive, and foresighted Constitution,” he said.

Chief justice Chandrachud emphasised that over the years, the Supreme Court has embodied these aspirations by crafting a vast body of jurisprudence aimed at liberating India from its colonial past and fostering the groundwork for social transformation.

“In this journey, the apex court of the nation has emerged as a product of the interplay between polity, societal aspirations, and the law,” said the judge, pointing out that diversity and representation can go a long way in improving the decision-making capacity of courts.

“The evolving representation of nation-states before the International Court of Justice has notably challenged its historically monocultural and Eurocentric outlook. Likewise, integrating gender diversity within the courts would substantially broaden the spectrum of perspectives, leading to more comprehensive and equitable decisions,” he stressed.

Read more: SC allows HCs to decide cases of surrogacy sought due to medical complications

Underlining that justice Charlesworth happens to be only the fifth woman to serve on the ICJ in the court’s 77-year history, the chief justice said that to have more women as judges of ICJ is not the responsibility of the court alone, but a share of the responsibility must be borne by nation-states and national groups responsible for the nomination process.

Pointing out that ICJ amended its rules and practice directions last year to make their provisions gender inclusive, chief justice Chandrachud referred to the reforms brought as regards the Supreme Court, citing the release of a sensitisation module for the judiciary on the LGBTQIA+ community, a handbook for judges to combat gender stereotypes and the last month’s designation of 11 women as senior advocates in one go.

“I am also hopeful that the lawyers and researchers whom we mentor today are going to change the way the legal systems have been working,” he said. “The new generation of lawyers and scholars are evolving new paradigms to re-imagine the conceptions of law and justice.”