Picture taken by Justice Sanjay Karol 
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"This is the India we live in": Supreme Court judge shows photo of menstruating woman forbidden to enter her house

Debayan Roy

Supreme Court judge Justice Sanjay Karol on Saturday revealed a grim story of a woman who is made to stay outside her house during her menstruation cycle.

Justice Karol also showed a photograph taken by him in 2023 showing the woman putting up under a tent.

"This photograph I took in a remote villag. This photograph is of a lady who is forbidden to enter her house for those five days when she is suffering a bodily change. This is the India we are living in. We have to reach out to these people," the top court judge said.

While the judge did not reveal where the picture was taken, he referred to remote areas of Bihar and Tripura where the court system has not yet reached.

He was speaking at the first International Supreme Court Advocates on Record (SCAORA) Legal Conference.

Justice Sanjay Karol

The judge was speaking in context of social justice and women's rights when he showed the picture to the audience.

He had earlier given examples of courts' interventions, particularly on women's rights and disabled persons.

Those examples are of people who had access to justice, were predominantly educated and living in metros, the judge said.

While pointing to the divide in access of justice and "metro-centric approach" of the justice system, Justice Karol said,

"India is not Delhi. India is not Bombay. We are the custodians and guardians of the Constitution of India. We, the people, and you and I, have to play a major role in reaching out to those who do not either have access to justice or do not know really what justice is, or are not even aware of the systems which are in place."

Justice Karol called for reaching out to those living in remote areas of India.

"Have you ever thought of the teeming millions living in the rural areas of India? Have you spoken their language? Have you reached out to them? Have you understood them?"

We, the people, and you and I, have to play a major role in reaching out to those who do not either have access to justice or do not know really what justice is, or are not even aware of the systems which are in place
Justice Sanjay Karol

The judge also spoke about the Constitution as a living document and said it serves as a pivotal instrument in advancing both social and economic justice

"The essence of something living is having the ability to change and adapt. The amount of change that India has undergone in the nature of both social transformation and economic progress has been immense throughout. For one and all committed to the idea of India, the Constitution has been the sole basis of all actions," he added.

The judge said that by embodying an ethos of inclusivity and compelling the State to rectify historical injustices, the Constitution fosters an environment conducive in sustainable economic development and social equality.

Social and economic justice are inextricably linked and dependent on each other, the Judge said.

"Inequality is not simply a lack of resources, but a more profound experience of dearth, relative to others," he added.

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