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Constitution is quiet revolution empowering marginalised: CJI Gavai

Constitution is quiet revolution empowering marginalised: CJI Gavai

He said the Constitution told the citizens that "they belong, that they can speak for themselves, and that they have an equal place in every sphere of society and power".
"At the Oxford Union today, I stand before you to say: For India's most vulnerable citizens, the Constitution is not merely a legal charter or a political framework.
It is a feeling, a lifeline, a quiet revolution etched in ink.
In my own journey, from a municipal school to the Office of the Chief Justice of India, it has been a guiding force," he said.
He said India's Constitution was not merely a legal framework but a social and moral document crafted amidst deep inequality.
Its drafters, he noted, included representatives from some of the most marginalised communities in India -- Dalits, Adivasis, women, religious minorities, persons with disabilities, and even those formerly labelled "criminal tribes".
"The Constitution is a social document, one that does not avert its gaze from the brutal truths of caste, poverty, exclusion, and injustice.
It does not pretend that all are equal in a land scarred by deep inequality.
Instead, it dares to intervene, to rewrite the script, to recalibrate power, and to restore dignity," he said.

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A different approach to the caste census
A different approach to the caste census

The Hindu

time2 hours ago

  • The Hindu

A different approach to the caste census

The story so far: The Cabinet Committee on Political Affairs, chaired by Prime Minister Modi, has decided to conduct caste enumeration in the upcoming Census. As per Article 246 of the Constitution, the Census is a Union subject listed in the 7th schedule. The caste census must be viewed beyond binaries of 'for or against' to envision a more transformative idea — as a foundational tool for what might be called a social management approach to governance. What were the findings from State-level caste censuses? The Bihar caste survey (2023) found that Other Backward Classes (OBCs) and Economically Backward Classes (EBCs) together make up over 63% of the population, with EBCs alone at 36.01%. Scheduled Castes (SC) account for 19.65%, and Scheduled Tribes (SC) for 1.68%. The general category comprises only 15.52%. Additionally, over 34% of Bihar's families live on less than ₹200 per day, with nearly 44% of SC households below that line. In Telangana's 2025 survey, Backward Classes (BCs) constituted 56.33% of the population, with BC Muslims forming a substantial 10.08%. These numbers reveal a stark reality: India's marginalised communities form the majority but are significantly underrepresented in education, employment, and governance. Data shared by the Union Minister of State for Education in Parliament reveals that only 4% of professors and 6% of associate professors in 45 Central Universities are OBCs, while 85% are from the general category. This imbalance exists despite the Central Educational Institutions (Reservation in Teachers' Cadre) Act, 2019. Yet, the policy response is hindered by the absence of reliable data. India hasn't conducted a full caste census since 1931. The 2011 Socio-Economic and Caste Census (SECC) was marred by data inconsistencies and its findings were withheld. Without up-to-date caste data, affirmative action and development policies remain speculative. What is a social management approach? Top-down welfare models in India have failed to adequately address layered inequities of caste, gender, and class. A social management approach does the opposite: it starts with data, targets need-based interventions, and treats caste as a developmental variable rather than a stigma. If we know who needs what, and how need is shaped by historical disadvantage, we can design policies with greater equity and efficiency. Caste data becomes a lens to understand inequity structurally, rather than as isolated cases. Tamil Nadu offers a model, using data from the Backward Classes Commission to adjust policies on reservations, scholarships, and governance. Karnataka's caste survey is being used to recalibrate reservation policies in education and jobs. A national caste census would enable such models at scale. It could inform disaggregated budgeting, where funds are allocated, not just based on geography or income but on caste-based gaps in healthcare, infrastructure, and education. It could enable diversity audits in institutions, showing who occupies power and who doesn't. It could also track how schemes like PM Awas Yojana or Skill India are reaching caste groups, ensuring that the most marginalised aren't left out. Are there global precedents? Critics argue that a caste census deepens social divides and undermines national unity. However, the reality is that caste endures not because it is counted, but because it shapes how opportunity, and wealth are distributed. Ignoring caste does not erase it. It merely obscures structural inequality behind ignorance. A caste census does not create casteism; it reveals it. Other democracies don't shy away from identity-based data. The U.S. collects race and ethnicity data every 10 years and uses it for civil rights enforcement. South Africa and Brazil do the same by tracking race and language categories. If these nations can use such data to address inequity, so must India, home to the most enduring and hierarchical caste system in the world. What about transparency? The value of a caste census extends beyond policymaking. It is also a vital instrument of democratic accountability. Disaggregated data enables civil society, the media, and citizens to know whether public resources are being equitably shared. A publicly accessible caste census would empower citizens to demand transparency. It could expose intra-caste inequalities and where welfare benefits are monopolised by elite sub-groups, leaving the truly disadvantaged behind. Ultimately, the caste census is not about counting caste. It is about recognising injustice and correcting it. Thus, a caste census rooted in social management would be linked to a wider agenda of social emancipation. This includes constitutional literacy, land rights, housing, labour protections, and justice for Dalit, Bahujan, and Adivasi women who face intersectional exploitation. A caste census done right could offer India a data-driven democratic transformation. Prof. Sony Kunjappan is the Head, Department of Studies in Social Management, Central University of Gujarat. Amal Chandra is an author, policy analyst, and columnist

Government officials can't hold kangaroo court: Madras HC
Government officials can't hold kangaroo court: Madras HC

Hindustan Times

time3 hours ago

  • Hindustan Times

Government officials can't hold kangaroo court: Madras HC

The Madras high court has said that district revenue officials and police officers cannot conduct kangaroo courts in the guise of peace committee meetings to resolve caste disputes across Tamil Nadu and added that as government officials they are bound to protect the constitutional rights of citizens. Justice P Velmurugan made the remarks while passing orders on a plea that was filed by two petitioners from Perambalur district. The plea sought a peace committee meeting, which was held on June 3 by local authorities, to be quashed as 'illegal and unconstitutional with respect to continuing discriminatory practices' against the Dalits by denying them access to chariot procession of the deity during the ongoing Shree Vedha Mariyamman Temple festival. The petitioners, Vinod Kumar and Manikanda, had also sought a direction to six Perambalur district officials, including the collector, police officers and revenue department officials, to ensure that during the festival the temple chariot reaches the streets of Veppanthattai Village, where the Dalit members live. Peace committee meetings in Tamil Nadu have existed for a long time and chaired by district collectors, police officers, and revenue officials by bringing representatives from the Dalit community and dominant castes together. It can be either to diffuse a caste conflict between them, or reach an agreement over an issue. Additional advocate general J Ravidran submitted to the court that the petitioners who were also present during the peace committee's meeting had given their consent for the chariot to move as done earlier and now they cannot file such a petition and argued that it was not maintainable. After hearing both sides, the court said the petitioners have earlier moved the temple chariot through their streets and according to the official respondents, there is no space for moving the chariot to consider the request of the petitioners. So, the court called upon the secretary of the District Legal Services Authority of the Perambalur district to assist the court. 'Now the request of the petitioners is that there is adequate space available to move the temple chariot. The secretary... is directed to inspect the Temple and the Village and measure the length and breadth of the Chariot and also the length and breadth of the disputed Streets and also as to whether the Temple chariot can pass through the Streets which the petitioners claim,' the court said in its orders, dated June 10. The justice ordered the secretary to file a report by July 8 and posted the case to that date.

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