Law is not blind’: The Supreme Court has removed the blindfold from the statue of ‘Lady Justice. Will This Help To Resolve Pending Cases In India?

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The Supreme Court of India has recently unveiled a new statue of Lady Justice, a significant departure from the traditional representation commonly seen around the world. This new statue was commissioned under the orders of Chief Justice DY Chandrachud and was unveiled yesterday in the judges’ library at the Supreme Court. The statue’s redesign reflects a shift in how justice is symbolized in India, moving away from Western legal imagery and embracing a representation more rooted in Indian culture.

The Removal of the Blindfold

The most noticeable change in the statue is the removal of the blindfold, which traditionally represents the impartiality of justice. In the classical depiction, Lady Justice wears a blindfold to symbolize that the law treats everyone equally, without bias or prejudice regarding caste, color, wealth, status, or power. The blindfold stands as a powerful metaphor that justice should be delivered objectively, without “seeing” the social or personal identity of those before the court.

However, in the new statue, Lady Justice’s eyes are open. This alteration carries a significant meaning. Chief Justice Chandrachud’s decision to commission this version reflects the belief that justice is not, and should not be, blind. Instead, it is fully aware of the circumstances of each case and the realities of society. By showing Lady Justice with her eyes open, the new statue symbolizes that justice in India is conscious of the complexities and diversity of human life. Justice sees everyone equally, but it does so with awareness and understanding, not by turning a blind eye to the nuances of each individual’s case.

The Sword and Attire: New Symbols for a New Era

Another notable modification is the replacement of the sword traditionally held in Lady Justice’s hand. In many statues around the world, the sword is a symbol of authority, punishment, and the enforcement of the law. It conveys the power of the justice system to enforce legal decisions, often implying the potential for punishment when laws are broken.

In the new statue, however, the sword has been replaced with the Indian Constitution. This change underscores a shift from a symbol of force and punishment to one of legal foundation and fairness. By holding the Constitution, Lady Justice in this new form emphasizes that justice in India is delivered through the rule of law and the principles enshrined in the nation’s legal framework, rather than through violence or coercion. The Constitution is the ultimate guide for courts in delivering justice, ensuring that all decisions are made in accordance with the legal rights and duties outlined within it.

Additionally, the attire of Lady Justice has been altered. In the traditional statue, she is typically shown wearing Western judicial robes, a reflection of India’s colonial legacy under British rule. However, in this new version, Lady Justice is depicted wearing a saree, a garment that is deeply rooted in Indian culture and tradition. This change in attire is a significant step in indigenizing the symbols of justice, making them more relatable to the people of India. It symbolizes the judiciary’s connection to the country’s cultural heritage and moves away from the colonial symbols that have long dominated India’s legal system.

Reasons Behind the Change

The decision to revamp the statue of Lady Justice was driven by Chief Justice Chandrachud’s desire to distance India from its colonial past, particularly in the legal and judicial systems. According to reports from NDTV, Chandrachud believes that India must evolve beyond the British legacy, which still influences much of the country’s legal system and its symbols. This new statue reflects a justice system that is not blind to the realities of the country and its people.

Another significant reason for the change is the belief that the law is never truly blind. While impartiality is essential, justice must also be aware of the specific circumstances and nuances of each case. The open eyes of Lady Justice are a metaphor for this awareness — the law “sees” all and applies justice fairly and equally, but with full knowledge of the context in which it is acting.

Moreover, the removal of the sword, a symbol of violence, and its replacement with the Constitution aligns with the principles of non-violence and fairness. The courts are not instruments of punishment but of justice, acting according to the law to deliver fair and equitable rulings.

But will this help to resolve the pending cases in India?

As of the most recent available data, the backlog of pending cases in India’s judiciary—at the Supreme Court, High Courts, and District Courts—remains a significant challenge. Here is an overview of the pending cases at different levels of the judiciary:

1. Supreme Court of India:

  • Pending Cases: Approximately 70,000-80,000 cases.
  • Nature of Cases: The cases include constitutional matters, appeals from High Courts, special leave petitions, and other issues of national importance.
  • Reason for Backlog: Delays in hearing, limited number of benches, and a growing number of appeals contribute to the rising pendency.

2. High Courts of India:

  • Pending Cases: Approximately 5.9 million (59 lakh) cases across all High Courts in India.
  • Nature of Cases: These include civil and criminal appeals, writ petitions, public interest litigations, and various other disputes.
  • Reason for Backlog: High vacancy rates in judges’ positions, procedural delays, and a significant inflow of new cases contribute to the pendency.

3. District and Subordinate Courts:

  • Pending Cases: Approximately 43.3 million (4.33 crore) cases.
  • Nature of Cases: This includes a wide range of civil and criminal cases such as property disputes, matrimonial issues, land cases, and criminal offenses.
  • Reason for Backlog: The pendency in district and subordinate courts is largely due to insufficient judicial officers, procedural inefficiencies, and a high number of new cases being filed daily.

Total Pending Cases Across Indian Judiciary:

  • Supreme Court, High Courts, and District Courts Combined: Approximately 49-50 million (4.9 to 5 crore) pending cases.

Reasons for High Pendency in Indian Courts:

  • Shortage of Judges: A major factor is the shortage of judges across all levels of the judiciary.
  • Procedural Delays: Complex and outdated procedures often prolong hearings and the resolution of cases.
  • Increase in Litigation: The rising awareness of legal rights and the increase in population have led to more cases being filed.
  • Lack of Infrastructure: Inadequate infrastructure and courtrooms further delay the processing of cases.
  • Adjournments: Frequent adjournments requested by lawyers and accepted by judges cause further delays.

The pendency issue remains a major concern for India’s judicial system, and efforts are ongoing to reduce it, such as filling judicial vacancies, promoting alternative dispute resolution mechanisms, and digitizing court processes.

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