Chief Justice of India (CJI) BR Gavai on Saturday said that his own life stood as proof of how constitutional safeguards transform the marginalised from being treated as untouchable to being recognised as equals.He said that for him, born into a low-caste family, the Constitution ensured not just protection but dignity, opportunity and recognition.
It made inclusion a lived reality rather than a distant aspiration, he said.“For me, born into a low-caste family, it meant that I was not born untouchable. The Constitution recognized my dignity as equal to that of every other citizen, offering not just protection, but the promise of opportunity, freedom, and social recognition,” the CJI said.Justice Gavai was delivering the keynote address at the 38th LAWASIA Conference in Hanoi on the theme “Role of Lawyers and Courts in Promoting Diversity and Inclusion.”
The CJI stressed that diversity and inclusion were not abstract ideals but everyday necessities for millions whose identities continue to be attacked because of entrenched social constructs.“Therefore, for me, the ideas of diversity and inclusion are not abstract utopias we merely aspire to achieve. They are living aspirations for millions of citizens whose identities are attacked daily due to unfair social constructs. At their core, diversity and inclusion represent equality, embody social justice, and aim to transform society into a truly equitable space where every individual can thrive with dignity,” he said.
CJI Gavai recalled the influence of Gautam Buddha, Mahatma Gandhi, BR Ambedkar and his father RS Gavai on his life. He said Ambedkar showed that law must be reoriented from a tool of hierarchy into a vehicle of equality, while his father instilled in him the values of justice and compassion.He spoke of how his legal practice reflected these principles and cited a case where he represented a man from a community that had never produced a doctor. What seemed like a routine appointment dispute became a milestone of hope for that community, he said.
He emphasised that lawyers must recognise that every case is an opportunity to advance constitutional values.“As lawyers, our responsibility extends beyond merely securing a favourable outcome in any given case. We must also reflect on whether the arguments that we advance contribute to expanding the values enshrined in the Constitution,” he said.Turning to the role of judges, the Chief Justice referred to his judgment in State of Punjab v. Davinder Singh on sub-classification within Scheduled Castes. He said the judiciary must adopt interpretations that actively expand the values of social justice and inclusion and warned that a rigid and formalistic approach to the law could perpetuate inequality.
“As judges, our task should be to adopt interpretations that actively expand the values of social justice and inclusion. The judiciary cannot remain oblivious to the historic discrimination faced by marginalized communities. When formalistic interpretations of the law inadvertently perpetuate inequality, they undermine the very purpose of social justice and inclusion,” he said.The judiciary cannot remain oblivious to the historic discrimination faced by marginalized communities.“Diversity may bring people to the same room, but inclusion ensures that every voice is heard, valued, and allowed to shape the conversation.
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