Legal framework has been weaponised to oppress certain communities: CJI Chandrachud

Citing some of the judgments of the Supreme Court, Chief Justice of India DY Chandrachud said that India's legal framework has been frequently weaponised to systematically oppress certain communities.

In a report by Bar & Bench, CJI Chandrachud added that judges should be cognisant of social realities as the marginalised social groups have been subjected to "horrendous wrongs".

He said that in both India and the US oppressed communities were denied voting rights for a long period of time.

The CJI underscored that the constitutional democracies must make sure that safeguards for these marginalized communities are upheld and policies are made for their upliftment.

Speaking at the Sixth International Conference on the 'Unfinished Legacy of Dr. BR Ambedkar' organised by Brandeis University, CJI Chandrachud said that advised that marginalise communities should have a meaningful voice in decision-making process as well.

Recently, during the 3rd Comparative Constitutional Law discussion co-hosted by the Georgetown University Law Center, Chandrachud defended his minority verdict on some aspects about same-sex marriages and said he stood by it as the judicial opinions are sometimes a "vote of conscience and a vote of the Constitution".

On October 17, a five-judge Constitution bench headed by the CJI unanimously refused to accord legal recognition to same-sex marriage, saying there was "no unqualified right" to marriage.

On the fundamental issue as to whether same-sex couples should have the right to form binding unions and cohabit traditional relationships, three of my colleagues, though they recognised that they do have the right, he said, "We cannot elevate this to a constitutional right."

"The other area in which I was in a minority was whether same-sex couples have the right to adopt... I said that well, same-sex couples, queer couples have the right to adopt a child because under Indian law, a single individual can adopt a child, and a woman can adopt a child. So, I said if they are together, there is no reason to deny them the right to adopt the child merely because they are in a queer relationship," he said.

"So on the broader aspect, there was a unanimity, but on the right to form unions and adoptions, I was in a minority of two as against three of my colleagues," the CJI said.