On Humanizing Law : CJI DY Chandrachud's Address At Oxford University

Chief Justice of India DY Chandrachud recently spoke on the theme of 'Role of Law In The Lives Of Those It Affects' at Oxford University. In his address, he spotlighted the issue of law which dehumanises the essence of democratic living and how an 'effects-oriented' approach by the judiciary helps 'Re-humanize' the law.In the heart of his address, the CJI emphasized the need to approach the law by understanding the far-reaching effects it may have on the lives of the citizenry and the constitutional values of a nation. “In other words, rest the content without inquiring what is the purpose of the law but focus instead on the effect of the law. By shifting to an effects-oriented approach courts analyse if the law is violative of constitutional values and has a dehumanising effect.” the CJI Opined. Speaking from his experience as the Chief Justice of India and a Supreme Court Judge, CJI DY Chandrachud expressed the need to apply law from a humanistic approach especially considering how in the historical past of India, Law during the British Era was used as a tool of oppression. I administer the law as a contemporary judge of the Supreme Court in an independent India. But I am deeply conscious of the fact that the same law which can be an instrument of justice was a form of colonial oppression in the years before independence. So the way the law is administered depends on and defines the cause of justice. This may be primarily because the state may adopt a purpose-oriented approach while enacting laws which may have a consequential impact on the law having constitutional values such as Justice, Liberty, Equality, Dignity and Individual Autonomy. The CJI expounded on the multiple ways in which law can manifest itself from a 'dehumanising approach' which is contrary to democratic values. These included (a) the 'paternalistic' treatment of seeing citizens as mere subjects and not individuals; (b) refusing to grant or partially grant complete personhood; (c) using humiliating statutory languageLack Of Institutional Recognition Impacts Public & Private Life Of An Individual Stressing the importance of seeing the vast ramifications of institutional recognition of a man's rights, the CJI cited German-American Historian and Philosopher Hannah Arendt. As per Arendt, institutional recognition of personhood and the rights that come along work like a mask for every human to help them shield their wounds from inequality within society. Such a recognition puts each man on an equal pedestal but lack of the same strips the same man off that pedestal. “A Human outside of Institutions cannot be fully human. She argues that institutional recognition similar to a stage mask enables one to appear equal to others. However, once stripped of this mask of institutional recognition there is a rightless human being with a diminished role in the public sphere.” Expanding on this further, the CJI opined that the effects of stripping one of institutional recognition are not just limited to his/her role in the public sphere but also the private life of the citizen. He exemplified this by stating how for the longest time when women in the USA were not given the right to vote had a domino effect which touched their personal lives and private choices. “I would go a step further and argue that the lack of institutional recognition not only impacts the role of the individual in the public sphere but also their roles in the private sphere as well. This is because the lack of public recognition diminishes personhood which is reflected in the way a person would conduct themselves. This approach to dehumanisation is usually adopted by States in legislation that entrenches the social discrimination faced by groups. The denial of the right to vote of women in history is an example- the dehumanization of women due to partial institutional recognition subjugated women not merely in the private but also in the public sphere.” Re-humanize The Law - CJI's Proposes To Focus On 'Effects-Oriented' Approach As per the CJI, the simple yet effective solution to a legal regime that dehumanizes is 'Re-humanisation' by dismissing humiliating expression in law, encouraging the grant of institutional recognition and maintaining the balance between human rights and 'weighty' agendas of the State. “The law can rehumanize by expugning the use of humiliating statutory language, by granting institutional recognition to persons and by balancing the rights of individuals with the weighty purposes of the state.” However, he further highlighted the practical difficulties in implementing such a solution. He stressed that there may be resistance on the part of the State to equitably balance its interests with that of the interests of the citizens. The legislature may also justify colloquial expressions used in law by relying on their widespread acceptance over the years. “The law may be improved through incremental steps, the State may be unwilling to balance the rights...

On Humanizing Law : CJI DY Chandrachud's Address At Oxford University

Anmol Kaur Bawa

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