Legal system often contributed to perpetuating 'historical wrongs' against marginalised groups: CJI
New York (PTI): Chief Justice of India D Y Chandrachud has said that unfortunately the legal system has often played a "pivotal role" in perpetuating "historical wrongs" against marginalised social groups and the harm caused by this can persist for generations.
Chandrachud delivered the keynote address at the Sixth International Conference on the Unfinished Legacy of Dr. B.R. Ambedkar' at the Brandeis University, Waltham, Massachusetts, on Sunday.
In his address titled Reformation Beyond Representation: The Social Life of the Constitution in Remedying Historical Wrongs', Chandrachud said that throughout history, marginalised social groups have been subjected to horrendous, egregious wrongs, often stemming from prejudice, discrimination and unequal power dynamics.
From the brutal transatlantic slave trade that forcibly uprooted millions of Africans, the Native American displacement, caste inequalities in India affecting millions of backward castes to the oppression of indigenous Adivasi communities in India, systemic oppression of women, LGBTQI individuals and other minority communities, the annals of history are "stained" with instances of profound injustice, he said.
"Unfortunately, the legal system has often played a pivotal role in perpetuating historical wrongs against marginalised social groups. Like in the United States, slavery was legalised in certain parts of India as well," he said.
He added that in the United States, from the codification of discriminatory laws that supported the institution of slavery, the Jim Crow laws that enforced segregation in the American South to the forced assimilation policies targeting indigenous peoples, "the legal framework has frequently been weaponised to systematically oppress and marginalise certain communities."
"Furthermore, both in the United States and in India, the oppressed communities were denied voting rights for a long period of time. In that way, law as an institution was used to maintain existing power structures and to institutionalise discrimination, leaving a lasting legacy of injustice that continues to shape the lives of these groups and communities."
He noted that even when such laws have been eventually overturned or repealed, the "legacy of their harms can persist for generations, underscoring the complex and enduring relationship between law and historical wrongs committed against marginalised groups. These historical wrongs perpetuate injustice by creating a social system, where the marginalised communities are not allowed to rise above their oppression," he said.
"It creates a kind of self-perpetuating" and hierarchal structure of society, which leads to the normalisation of injustice towards certain groups.
"This normalisation can creep up to the instances where the alienation of these communities makes them the other' in society. Otherness can then create a rift of violence and exclusion of these communities as well," he said.
The 2023 edition of the conference focused on Law, Caste, and The Pursuit of Justice' and was presented by The Center for Global Development and Sustainability at the Heller School for Social Policy and Management at Brandeis University.
Chandrachud emphasised that since independence, affirmative action policies in India have offered crucial support to oppressed social groups by providing them with opportunities for education, employment and representation that might otherwise be inaccessible due to deeply entrenched inequalities.
"Reformation beyond representation entails ensuring that marginalised and underrepresented communities not only have a seat at the table, but also that they have a meaningful voice in decision-making processes. There is also a concern that in spaces where representation is not legally mandated, representation must not be confused with diversity," he said.
"It has been stated by scholars that the sole focus on diversity can lead to tokenism where individuals from underrepresented groups are viewed as symbols of diversity, rather than being valued for their skills and qualifications. This can undermine their professional and personal growth," he added.
He said that despite constitutional guarantees of gender equality, deeply-rooted patriarchal customs may persist, leading to gender-based discrimination and violence. Similarly, despite legislation prohibiting caste-based discrimination, incidents of violence against protected communities are on the rise.
He further said that even the slightest success of affirmative action is used by caste elites to dismiss the issues around caste inequalities.
"Arguments are advanced that just because affirmative action is being provided, structural issues of discrimination don't exist anymore at all. Such binary narrations must be rejected and I believe, rejected at the constitutional level and at the social level as well," he said.
Chandrachud added that today, non-discrimination and affirmative action are often differentiated by references to a negative and positive form of liberty.
"Arguments that a state ought to abstain from discriminating are distinguished from a positive command or mandate to uplift individuals who have suffered from historical wrongs. It is also argued that affirmative action is fundamentally contrary to the idea of equality, or colourblind equality, at the least. You find traces of that rationale, not only in India, but in the US as well, including in recent times."
Chandrachud underscored that Dr. Ambedkar's idea of constitutionalism was instrumental in transforming Indian society by dismantling deeply entrenched caste hierarchy and promoting social, economic and political empowerment for marginalised groups.
Ambedkar's "legacy continues to shape the constitutional values of modern India, serving as a beacon for social reform and the pursuit of justice for all."
He cited Ambedkar, who had said that however good a Constitution may be, it is sure to turn out bad because those who are called to work it happen to be a bad lot. "However bad a Constitution may be, it may turn out to be good if those who are called to work it happen to be a good lot."
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Real Madrid fines Valverde and Tchouaméni half a million euros each for altercation
Barcelona (AP): Real Madrid slapped players Federico Valverde and Aurélien Tchouaméni with half-a-million-euro ($588,000) fines on Friday for their altercation during practice.
The massive fines came a day after the midfielders tussled when the team trained. Valverde said in a post on social media on Thursday that no punches were thrown. But Valverde knocked his head on a table and he suffered a small cut that required a brief hospital visit.
On social media, Valverde initially called it a “meaningless fight” with a teammate and said “everything has been blown out of proportion."
His employers, however, considered it a significant enough breach of team discipline to nail both Valverde and Tchouaméni with fines that bite even the bank account of a top soccer player. The half-a-million euro penalties reflect the reputational damage the club was enduring in a chaotic end to a disappointing season.
In a statement, the 15-time European champion said its disciplinary action was concluded after both players expressed to the club “their complete remorse for what happened and apologized to one another.”
Madrid added they also apologized to their teammates, the coaching staff and club supporters, as well as showing their willingness to accept whatever disciplinary action the club deemed “opportune.”
Tchouaméni was back training with Madrid on Friday, two days before they play at Barcelona in a clasico. Madrid has to win otherwise Barcelona will be crowned La Liga champion.
After being notified of the fine, he posted a public apology to the club and its fans on social media.
“What happened this week in training is unacceptable,” Tchouaméni wrote. "I say this while thinking about the example we are expected to set for young people, whether in football or at school.
“Above all, I am sorry for the image we projected of the club.”
Valverde was not at practice due to the head knock.
Both players are set to play in the World Cup next month, with Tchouaméni playing for France and Valverde for Uruguay.
Chaotic end to a poor season
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The run-in between the players, who for seasons have played side by side in Madrid's midfield, came after they argued this week in previous training sessions. But tempers boiled over on Thursday. Spanish media was rife with reports that the players previously disagreed over the club's decision to let coach Xabi Alonso go after just months on the job.
It was not the only altercation involving Madrid players during training this week. Álvaro Carreras confirmed he was in a “minor” incident with a teammate. Spanish media said he and fellow defender Antonio Rüdiger got into a scuffle.
Álvaro Arbeloa, the coach who was promoted from Madrid's reserve team when Alonso was fired in January, will face tough questions on what went wrong inside the changing room when he gives a press conference on Saturday ahead of the clasico at Camp Nou.
Madrid is facing a second consecutive campaign without a major trophy amid rumors in the Spanish media that club president Florentino Pérez is considering bringing back Jose Mourinho to straighten out his underperforming team.
