What does the new ‘lady justice’ statue signify? | Explained

What is the symbolism behind the change? How many cases are pending before courts in India?

The story so far: Last week, the Chief Justice of India unveiled the ‘new lady justice’ statue in the Supreme Court premises that replaced the ‘original lady justice’. The new statue is clothed in a saree, has shed the blindfold and holds scales on one hand and the Indian Constitution on the other.

What is the background?

It is believed that the origin of the modern-day ‘lady justice’ is Justitia, the goddess of Justice in Roman mythology. ‘Lady justice’ is depicted with a blindfold, scales, and a sword. The blindfold was added during the Renaissance period (14th century) probably as a satire on the corrupt state of legal systems with judicial institutions turning a blind eye. It was only during the enlightenment period (17th-18th century) that it was reinterpreted as representing impartiality. It signifies that justice should be administered without bias regardless of wealth, power and social status. The scales represent balance. It emphasises that courts must weigh both sides of an argument before delivering a judgment. Finally, the sword symbolises the power and authority of the law, signifying that the law can both protect and punish.

Why the change?

When the British established their control over India, they introduced their legal system. The hierarchy of courts from lower courts to the Supreme Court is a relic of the British system. It was during British rule that the ‘lady justice’ became a prominent symbol in India and was placed outside courtrooms.

The new statue is an attempt at decoloniality, with an aim to shed colonial symbols. The saree replacing the western attire brings the statue closer to Indian tradition. The removal of the blindfold and having eyes open is significant in the Indian context. It conveys that the law is not blind and it ‘sees’ everyone equally. More importantly our social diversity, the discrimination faced by underprivileged sections, constitutional provisions and laws made for their upliftment require a nuanced approach of ‘viewing’ every case appropriately and delivering justice. The sword being replaced with the Constitution symbolises the supremacy of the Constitution and its value in our jurisprudence. The preserving of the scales goes on to show that the courts will continue weighing evidence impartially and hearing both sides before delivering its final judgment.

What urgent actions are needed?

The Supreme Court last week dismissed a Public Interest Litigation which sought a time frame of three years for disposal of over five crore cases pending in all courts of the country. The Supreme Court held that while the demand was desirable, it is practically impossible considering the flood of litigation faced by the justice delivery system. However, ‘justice delayed is justice denied’ and there are some urgent actions needed in this regard with respect to the institution that delivers justice.

Firstly, the revised Memorandum of Procedure that deals with appointment of judges by the collegium has not been finalised for the past eight years. This needs to be finalised by the government and judiciary without any further delay to bring transparency and accountability to the process of appointment.

Secondly, the representation of backward classes, scheduled castes, schedule tribes, and religious minorities is less than 25% in the higher judiciary and women constitute less than 15%. The appointments to higher judiciary should reflect the social diversity of our country. Third, the High Courts invariably operate at only 60-70% strength thereby contributing to the huge pendency of over 60 lakh cases at present. The government needs to appoint collegium recommendations for High Courts without dragging its feet. The vacancies in lower courts, where 4.4 crore cases are pending, should also be filled by the States without backlog. Finally, cases dealing with the constitutional validity of amendments/laws and individual liberty should be heard on a priority basis by the higher judiciary. These measures would ensure that the new symbol is not just symbolic but reflects the actions taken for the delivery of fair and prompt justice.

Rangarajan R is a former IAS officer and author of ‘Polity Simplified’. Views expressed are personal.

Published - October 21, 2024 08:30 am IST