Caste is entrenched into every institution under the constitution of India. Judiciary is no exception. But due to lack of proportionate representation to the citizens from the various diverse groups, the Judiciary has become the evil den of the caste system. Recently, I heard an erudite talk on this vitally important topic delivered by the retired judge of Madras High Court, Justice Krishnasamy.

He noticed that the judiciary is heavily loaded against the people from the scheduled caste, tribes, and backward classes. Most of the judges come from the caste- privileged backgrounds. They have no understanding of the constitution and in many cases, they detest Dr Babasaheb Ambedkar, the maker of our constitution. They take the oath to defend the constitution without fear or favour, but they do not give rulings by the spirit of the constitution.

He cited one example from the subordinate courts. A subordinate court judge was so deceitful to Dr. Babasaheb Ambedkar that he asked his peon (who was a Scheduled Caste) to remove the photograph of Dr. Babasaheb Ambedkar. Generally, the courts in Tamil Nadu has three photography: Thiruvalluvar, Gandhi, and Babasaheb Ambedkar.

Even the judges gave ruling that the photograph in the court is not mandatory. Only after a lot of public and political pressure, the photograph was restored.

Exposing the casteist bias of the Savarna judges, the honourable judge cited a case of a judge in the Gujarat High Court who gave his personal opinion on how caste-based reservation was against efficiency in a case that had nothing to do with the caste. Only when he was threatened with impeachment, he struck off that line from the judgment!

On the review of the PoA Act, the judges have taken the position of the lawmakers and generously deleted important provisions in the revised act. For example, insults to the figures and images that Sc/ST regard in high respect was considered to be a case of atrocity. It was removed by the judges.

The law education in India does not enable the students to understand and study the constitution deeply. Most of the lawyers graduate without understanding the constitution.

The three phases of getting SC/ST judges:

When Vardaranan was appointed as the judge he was picked up as a hack.

Justice Ramasamy gave many rulings with social justice. Now they are being annulled through review petitions.

Honourable Judge also shared a story of a young SC lawyer who needed just one mark in the interview was failed by asking the question:

Recruiting Judge: Who is your ideal?

Young lawyer: Dr. Babasaheb Ambedkar

After some pause, RJ: Why not Abdul Kalam?

Young lawyer: He was the elected President by political parties. No way he and Babasaheb Ambedkar can be compared.

The recruiting judge gives him zero marks!

Honourable Judge was regularly teaching Atrocity Act in the National Judicial Academy in Bhopal, he found that most of the judges did not take it seriously or took no efforts to learn it.

Author – Mangesh Dahiwale, Human Rights Activist