Hindustan Times (Delhi)

Legal profession still feudal, patriarcha­l, needs to be democratis­ed for women: Chief Justice

- HTC

NEW DELHI: Chief Justice of India (CJI) Dhananjaya Y Chandrachu­d on Saturday said social media platforms were posing one of the biggest challenges for judges, who, he added, must “re-engineer and refashion” themselves to adapt suitably.

The CJI said that one of the greatest dangers for institutio­ns in a constituti­onal democracy is to be opaque, as he batted for live-streaming of even the proceeding­s in district courts.

Speaking at the 20th Hindustan Times Leadership Summit on Saturday, the CJI said: “One of the greatest dangers to the institutio­ns in a constituti­onal democracy is the danger of being opaque. When you open up your processes, you generate a degree of accountabi­lity, transparen­cy, and you generate a sense of responsive­ness to the needs of citizens.”

Supporting the live-streaming of court proceeding­s, justice Chandrachu­d, who is also the chairperso­n of the e-committee in the Supreme Court, stressed that sunlight is the best disinfecta­nt, as he went on to add that the top court and various high courts have already begun live-streaming of important cases.

“When I talk of livestream­ing, I am not talking of live-streaming the bigticket cases... that is one end of the spectrum. We need to live-stream proceeding­s in the high courts but also in the district judiciary, because the interface of the common citizen is first and foremost with the district judiciary,” the CJI pointed out.

“I do believe citizens have a right to know. When you live-stream proceeding­s, they have the knowledge of the kind of applicatio­n of mind that goes on in judicial functionin­g,” reasoned the judge.

The CJI also spoke about the criticism against live-streaming that it could lead to grandstand­ing by lawyers who will be inclined to play to the galleries. However, he added: “Live-streaming has a great potential which is to allow citizens to open themselves up to access to justice by truly under

NEW DELHI: Lamenting that the structure of the legal profession in the country is still “feudal” and “patriarcha­l”, Chief Justice of India Dhananjaya Y Chandrachu­d stressed on Saturday that women judges bring a “broader sense of diversity” to the judiciary with more deliberati­on, consultati­on and discussion in the process of judging.

“There is something intrinsic about gender, irrespecti­ve of the outcome that you arrive at in an individual case, which brings to the table a more deliberati­ve, a more consultati­ve and a more dialogic process to the art and the science of judging,” said the CJI while speaking at the 20th edition of the Hindustan Times Leadership Summit (HTLS).

Justice Chandrachu­d emphasised that one of the chief reasons behind having very few women judges in the judiciary is their small numbers in the feeding pool for the judiciary, which can consist of either prac

standing what goes on behind the closed doors of the court.”

Living in an age of the internet and social media, the CJI acknowledg­ed that the latter poses a big challenge.

“None of us who are judges today are trained in the era of social media. Due to real time reporting by the second, every little word the judge says is put out on Twitter, or on Telegram or Instagram and you are constantly evaluated as a judge by what you say,” he added.

He described court proceeding­s where there is a free-flowing dialogue between lawyers and judges in an effort to unravel the truth or shades of truth. “If you have judges who then decide to be quiet and not say things when arguments are going on, that would pose a very grave danger to the judicial decision-making process,” cautioned justice Chandrachu­d, pointing out that the ability of lawyers to meet arguments, answer judges’ concerns and explore the mind of a judge is critical to judicial decision-making.

The judge also favoured making court judgments available in languages other than English. “Not all citizens for whom our tising lawyers or women judges in high courts or district courts.

“Now the feeding pool which determines who enters our judiciary, is largely dependent on the structure of the legal profession. The structure of the legal profession even today across India is feudal, patriarcha­l and it has not been accommodat­ing of women,” rued the CJI.

Therefore, he pointed out that, when the need to have more women in the judiciary is talked about, it is equally necessary to have the building blocks for the future by creating access to women now within the legal profession. “Until we have a democratis­ed and merit-based access to the entry point in the legal profession, we will not have more women... we will not have people from the marginalis­ed groups,” said the CJI, opining access to chambers for appointmen­t should be based on a more “merit-based” appointmen­t.

judgments are meant speak English. Unless a citizen is able to understand what is said in the judgment concerning her or a judgment concerning someone else, that sense of confidence in the judicial process would not be perpetuate­d because the ability of our courts to thrive as a judicial institutio­n in our democracy lies in the confidence that we generate in the minds of people,” emphasised the CJI.

Justice Chandrachu­d added that technology can bring several reforms in the judiciary, and it even enabled the courts to reach the citizens through video-conferenci­ng. He, however, pointed out that technology, like everything else, has a flip side.

The CJI gave the example of use of artificial intelligen­ce (AI) for judicial processes. “When you use AI to predict judicial outcomes, AI is not gender or ideology-neutral. It depends on who has programmed it. There is a grave danger that AI can, if used beyond its circumscri­bed jurisdicti­on, actually affect the stereotype­s which are inherent in the system.”

He expanded these stereotype­s to mean stereotype­s against women, the marginalis­ed and backward castes.

 ?? HT PHOTO ?? Chief Justice of India Dhananjaya Y Chandrachu­d favoured making court judgments available in languages other than English also.
HT PHOTO Chief Justice of India Dhananjaya Y Chandrachu­d favoured making court judgments available in languages other than English also.

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