Legal system has often been pivotal in perpetuating historical wrongs against oppressed: CJI DY Chandrachud

The legal system has often played a pivotal role in perpetuating historical wrongs against marginalised and oppressed communities, Chief Justice of India (CJI) DY Chandrachud recently said..Hence, he called for a just and inclusive legal system to address the historical wrongs done to various marginalised groups."The legal framework has been frequently weaponised to systemically oppress and marginalise certain communities," the CJI said giving examples of certain judgments of the Supreme Court.Therefore, judges have to be cognisant of social realities as the law itself does not exist in a vacuum, adding that throughout history, marginalised social groups have been subjected to "horrendous wrongs". In this regard, he pointed out how oppressed communities in both the United States and India were denied the voting rights for a long period of time."Law as an institution was used to maintain existing power structures".It is imperative for the constitutional democracies to make sure that safeguards to these marginalised communities are upheld and policies are made for their upliftment, he underscored.“Recognising these historical injustices underscores the crucial role of legal reform and the need for a just and inclusive legal system to address past wrongs and work toward a more equitable society,” the CJI said.The CJI was delivering the keynote address on October 23 at the Sixth International Conference on the 'Unfinished Legacy of Dr. BR Ambedkar' organised by Brandeis University. He was speaking on the topic “Reformation Beyond Representation: The Social Life of the Constitution in Remedying Historical Wrongs”..The CJI said that reformation beyond representation includes making sure that marginalised and underrepresented communities not only have a seat at the table but also have a meaningful voice in the decision-making processes as well.He added that the concept extends to a deeper transformation of power dynamics, policies and social structures.“Dr. Ambedkar's constitutionalism aimed at creating a robust framework of checks and balances, where the Constitution would serve as a bulwark against potential abuses of power, ensuring the protection of the rights of all citizens,” the CJI said..The CJI also visited Dr Ambedkar’s bust installed in a library in the University. Brandeis University, founded in 1948, is named after Justice Louis Dembitz Brandeis of the United States Supreme Court..If all decisions of government are democratic, then why have courts? CJI DY Chandrachud in same-sex marriage case