Law Should Take into Consideration Realities of Communities Where It Is Implemented: CJI

Chief Justice of India DY Chandrachud said that law must have the touch of humanity to serve the interests of all people and should always be used with a sensibility to address the roots of problems.

Addressing the platinum jubilee celebration of Gauhati High Court on Friday, CJI Chandrachud said the law should take into consideration the realities of the communities where it is sought to be implemented.

When the law is wisely interpreted and applied, people have faith in the social structure and it is a step forward towards the realisation of justice, he said.

“The legitimacy of the judiciary lies in the faith and confidence it commands from the people, who in turn depend on judicial independence. People’s faith in the judiciary is determined by the single most important factor that judiciary is the first and last access for citizens in distress and need,” he said.

“Law must be imbued with a touch of humanity … A human touch is essential to ensure that law serves the interests of all. There should be empathy and respect for equality and diversity,” he added

The role of the judiciary is to ensure that the law and its administration do not thwart justice but rather uphold it, CJI Chandrachud said.

“All three hands of the state — executive, legislature and the judiciary — are engaged in the common task of nation building. Constitutional statesmanship above all requires deliberations and dialogue and not public grandstanding,” he said.

Noting that President Droupadi Murmu had urged the judiciary to address the issue of access to justice for the vulnerable sections of society, the CJI said, “Her words inspired the legal fraternity to widen the access to justice across the country.”

CJI Chandrachud said the Gauhati High Court also faces challenges that plague the system of justice, particularly in areas under its jurisdiction.

Many areas under its jurisdiction reel under natural calamities like recurring floods that annually displace thousands of people, and many lose their identity documents along with other possessions, he said.

“The challenges faced by the marginalised and vulnerable communities during these calamities impede their access to public services, including access to justice,” he said.

Stating that the Gauhati High Court delivered extraordinary judgements during the Emergency, he maintained, “It is in tough times that the tough judges get going.”

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