True Solution Lies Not In Making Society Casteless But In Finding Justice For Victims Of Caste Discrimination : Justice Chandrachud

Supreme Court judge Justice DY Chandrachud on Tuesday delivered the inaugural address for the Office of Diversity and Inclusion at the IIT Delhi. He spoke on "Realising Diversity- Making Differences In Higher Education". Interestingly, one of the questions posed to Justice Chandrachud was on "caste elimination" as a viable solution to prevention of caste discrimination.

However, Justice Chandrachud did not see caste elimination as a solution to caste discrimination. He stated that–

"Without meaning any disrespect to the question, this whole theme that caste must be eliminated is very often perceived to be a theme which the upper caste propagates."

While elaborating upon the same, Justice Chandrachud stated that while people belonging to the Upper Caste often perceive as caste to be a problem, which can be eliminated, it defines the identity of those who are at the other end of the spectrum, being discriminated against for their caste. He remarked that–

"Because, it is the upper caste that believes that caste is one of the most pernicious features of our Indian society. But to the people who have been subjected to discrimination, stigmatization, to assault - on grounds of caste, to them, caste defines their identity. And every day of their lives they are reminded of their caste by the perpetrators of those who practice discrimination against them on the grounds of caste."

Continuing his line of thought, he stated that the solution to the problem was not to get rid of caste but to get rid of casteism. He said that–

"So I think the true answer is to not make a casteless society, but to enable those who have been subject to centuries of discrimination, and that discrimination still continues, as we just heard several examples from day to day lives. The answer to that must lie in our being aware of the extent of discrimination on grounds of caste which is still perpetrated in our society. We must come face to face with that discrimination that still permeates and pervades our society and to find justice to those who are discriminated on ground of caste. That is far more important than anything else"

Diversity enriches knowledge

In the address, Justice Chandrachud stated that his experience of interacting with judicial clerks from diverse backgrounds made him view life and society differently. He said that interactions with his diverse groups of law clerks, including Dalits, specially abled and LGBT students have given him new perspectives about life and society. He said that–

"Difference and diversity needed to be understood for their uniqueness, which was a resource rather than liability...The way we understand merit should not be limited to individual agency or ability, which in any event is not our sole or own doing, but it should be envisioned as a social good that advances equality because that is the value which our Constitution espouses. The content of merit cannot be devoid of what we value in our society. Excellence, like life itself, is enriched by diversity."

He further stated that diversity should exist at three levels–

"First, diversity may exist in terms of structural diversity, in terms of composition of people in an institution. Second, diversity in the classrooms and teaching resources in higher education And third, interactional diversity in terms of how inclusive the higher educational institute is to facilitate interactions across diverse groups."

While elaborating more upon how diversity and excellence compliment each other and what role merit plays in the same, he stated–

"In other words, we need to recalibrate our old vocabularies and realise that diversity and excellence actually compliment and reinforce each other. The way we understand merit should not be limited to individual agency or ability, which in any event is not our sole or own doing, but it should be envisioned as a social good that advances equality because that is the value which our Constitution espouses. The content of merit cannot be devoid of what we value in our society. Excellence, like life itself, is enriched by diversity...By marking "excellence" as individual merit, we ignore the privileges, social & cultural capital accumulated by social groups over the years."

While concluding his address, Justice Chandrachud quoted Paulo Freire, a Brazilian educator- "The oppressor is in solidarityy with the oppressed only when he stops regarding the oppressed as an abstract category and sees them as persons who have been unjustly dealt with, deprived of their voice, cheated in the sale of their labor—when he stops making pious, sentimental, and individualistic gestures and risks an act of love. True solidarity is found only in the plenitude of this act of love, in its existentiality, in its praxis. To affirm that men and women are persons and as persons should be free, and yet to do nothing tangible to make this affirmation a reality, is a farce."

The video of the talk can be watched here.