Can a new statue of Lady Justice lead to a new conception of justice?

That the violent, retributive attack to justice, symbolised by a sword successful the hand, has been replaced by modern progressive values arsenic enshrined successful the Constitution, is welcome. If we are to analyse justness successful a society, arsenic John Rawls said, we indispensable look not astatine the peculiar acts of individuals, but astatine political, economic, and societal institutions. What principles should govern our societal and ineligible institutions? What guidelines should we travel portion designing our institutions if they are to beryllium just?

In Rawls’ view, these person to chiefly beryllium fairness and impartiality, arsenic illustrated successful his connection of “the veil of ignorance”. He argues that the parties successful a conscionable nine person to beryllium needfully just to everyone, wherever a idiosyncratic would not take principles that favour the affluent implicit the poor, Hindus implicit Muslims, 1 sex implicit the other, oregon 1 caste oregon contention implicit another. In short, the “veil of ignorance” would unit everyone to take principles that would beryllium perfectly conscionable to everyone.

The laws and institutions of the nine indispensable embody justness oregon they should beryllium reformed. “Justice is the archetypal virtuousness of societal institutions, arsenic information is of systems of thought. … laws and institutions nary substance however businesslike and well-arranged indispensable beryllium reformed oregon abolished if they are unjust. Each idiosyncratic possesses an inviolability founded connected justness that the adjacent payment of the nine arsenic a full cannot override,” wrote Rawls, successful The Theory of Justice.

Early liberalism was of the presumption that the champion nine is 1 successful which individuals are near escaped to prosecute their ain interests and fulfilment arsenic they choose. While modern liberalism has lone retained this cardinal committedness to idiosyncratic liberty, it has besides added an consciousness of the grade to which economical realities tin indirectly bounds an individual’s liberty.

The choices of the mediocre idiosyncratic are restricted by that person’s poorness whereas wealthiness and spot endow the affluent with a overmuch wider acceptable of choices and powers not disposable to the poor. Justice indispensable unfastened its eyes to specified societal realities. Thus, the caller practice of Lady Justice tin beryllium seen arsenic a invited measurement towards a conceptual reformation of the Indian judiciary.

Even erstwhile impartiality — that everyone is treated arsenic earlier the instrumentality arsenic symbolised by the covered eyes of Lady Justice — is considered an indispensable facet of justice, the judicial strategy cannot beryllium truthful impartial and institutionalised arsenic to crook morally unsighted eyes towards governmental apathy oregon the vulnerability of individuals oregon classes.

Justice, arsenic realised successful the cases of Father Stan Swamy, who was afflicted with Parkinson’s, oregon a wheelchair-bound Professor G N Saibaba, is seen by galore arsenic instances of injustice. The judiciary should beryllium capable to decipher the intentions of the enforcement (for which neither eyes that are simply open, nor a manus that holds the Constitution, are enough) portion dealing with governmental prisoners similar students, activists, oregon susceptible aged men.

Even arsenic presenting Lady Justice with unfastened eyes and successful a decolonised signifier is simply a invited symbolic gesture, determination are risks associated with this move. It whitethorn adjacent portion justness and the ineligible strategy of their transformative potential. A caller practice of justness utilizing taste hegemonic symbols hardly depoliticises justice.

Opening of eyes could situation the instauration of justice, and impartiality. Further, if capable precautions are not taken, particularly successful a nine with heavy governmental and communal divides, wherever governmental leaders place individuals by their outward appearances, oregon what they take to eat.

One needs to retrieve the words of B R Ambedkar that a bully Constitution successful the hands of atrocious men would magnitude to nothing. Constitutional morality is much important than the Constitution.

One should besides retrieve that having the eyes closed is not needfully a crushed for not seeing oregon responding to instances of injustice. In the Mahabharata, Gandhari, who chose to stay blind, is not accused of being enactment to injustice, successful the mode that each capable and almighty antheral who witnessed the disrobing of Draupadi and chose to stay silent, is. One tin take not to spot and beryllium blind, adjacent erstwhile eyes are wide open.

The Constitution successful the manus of Lady Justice doesn’t needfully mean a progressive attack would beryllium taken towards justice, conscionable arsenic a sword successful her manus doesn’t needfully mean violence. Nor would unfastened eyes mean that justness would beryllium served better.

This is an juncture for civilian nine to not lone ponder connected the conception of justice, but besides however it is realised successful the analyzable taste and governmental milieu of India. The symbolic changes made to Lady Justice should not beryllium reduced to a specified governmental and manner statement.

Sunitha V is adjunct prof and head, and Sebastian is adjunct professor, astatine the Department of Philosophy, Madras Christian College