Narrow Concept Of 'Merit' Allows Upper Caste Individuals To Mask Their Obvious Caste Privilege : Justice Chandrachud

Dr.Justice Dhananjaya Y Chandrachud, judge of the Supreme Court, said that a narrow concept of merit only allows upper caste individuals to mask their obvious caste privilege.Such a narrow concept allows upper caste individuals to relegate the achievement of Dalits and others reserved classes as being a consequence of caste-based reservation afforded to them.Referring to the book "Tyranny of Merit" written by renowned jurist Michael J Sandel , Justice Chandrachud noted that individuals with vast privilege can define their identity and success not as a consequence of their privilege but because of their belief that they have earned it through their 'merit'. He pointed out that the Supreme Court, through its decisions B.K. Pavitra v. Union of India, articulated a broader definition, which takes into account the accumulated caste privilege of the upper castes and the years of oppression suffered by the reserved castes. "Re-framing this definition has allowed the Courts to approach the debate of reservation from a different point of view, and it also changes the conversation surrounding reservation in the public arena Alas, it remains to be seen whether this can positively change the mindset of every individual of this country as well", he said. Justice Chandrachud was delivering the 13th B.R. Ambedkar Memorial Lecture on "Conceptualising Marginalisation: Agency, Assertion, and Personhood". The event was organised by the Indian Institute of Dalit Studies, New Delhi & Rosa Luxemburg Stiftung South Asia.He said that while the professional achievements of upper caste individuals are enough to wash away their caste identity, this can never be true for the lower caste individuals.Justice Chandrachud also said that in the Indian context, castelessness is a privilege that only the upper caste can afford because their caste privilege has already translated into social, political and economic capital. On the other hand, the judge said, individuals who belong to the lower caste have to retain their caste identity in order to claim the benefits of measures such as reservation, which are in themselves a recognition of a historic harm.In his lecture, Justice Chandrachud spoke about the members of the marginalized sections of the society – on their struggles, loss of agency and personhood- and contextualized their marginalization as not just a product of their individual being, but as a consequence of their membership is a group that is supposedly considered to be inferior to others. The judge also shared thoughts on what the law and society can do to remedy these concerns."72 years ago we gave ourselves a constitution premised on justice, liberty, and equality for all. However, it was only in 2005 that women were regarded as equal co-partners, and only in 2018 that homosexuality was decriminalised. By repealing a discriminatory law, the discriminatory behavior is not automatically overturned. This is the institutional perpetuation of humiliation," he said. The presence of multiple such rights in our Constitution has not always led to a positive change in the society's perception of these marginalized groups and the individuals who belong to them. It is necessary that the privileged members of the society break free from the shackles of the past, and confer respect and recognition to the members of the marginalized communitiesHe reminded that Dr Ambedkar has squarely placed the responsibility upon each one of us to uphold the ideals behind our Constitution and give life to them through our actions. "Combating something as prevalent and deep-rooted as marginalisation is no easy task, and I admit to having no easy solutions. The only recourse available to us is to faithfully abide by and give life to the Constitutional ideals which Dr Ambedkar helped formulate, and use those to bring transformative change in the minds and perceptions of the society", he said.The full text of Dr.Justice Chandrachud's lecture : It is an honour for me to have been invited to speak at this lecture organised in the memory of one of the greatest social revolutionaries India has ever witnessed– Babasaheb Dr Bhimrao Ambedkar. In no uncertain terms, Dr Ambedkar has profoundly influenced and impacted the development of law and social change in India. He gave us the Constitution, and the rights that we so dearly hold on to.I begin today's lecture by sharing a story from Dr Ambedkar's autobiography, titled Waiting for a Visa. As the story goes, the Government of Bombay had appointed a Committee to study the injustice, oppression, subjugation, and persecution faced by the untouchables in Bombay. Dr Ambedkar was appointed as a member of this committee. He visited Chalisgaon, located in the Jalgaon District in Maharashtra, to inquire into a case of social boycott that the members of the Dalit community in the village were facing. He had decided to stay the night with the Dalit community. The members of the community had arranged a horse carriage for him to...

Narrow Concept Of 'Merit' Allows Upper Caste Individuals To Mask Their Obvious Caste Privilege : Justice Chandrachud

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He said that while the professional achievements of upper caste individuals are enough to wash away their caste identity, this can never be true for the lower caste individuals.

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