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Caste balance in top courts a complete disaster, says India's top lawyer
WSN Network

NEW DELHI: One of the most eminent Indian jurists, Fali S Nariman has admitted on camera that Indian judicial system was riddled with the problem of caste and verdicts of top courts often depend on the caste of the judge and that of the lawyer arguing the case.

Nariman, in conversation with Shekhar Gupta, editor of the Indian Express, for a Walk The Talk program later telecast on NDTV private channel, said, "Today the greatest problem with our courts, High Courts particularly, is the problem of caste. Because if you are such a such caste lawyer before such a such caste judge, you will either lose or win depending upon your caste."

Nariman's words meant that a Brahman judge was likely to give a verdict in favour of a Brahman lawyer or against a Dalit lawyer; likewise a Dalit judge was likely to do the reverse. Clearly, since the number of Brahman lawyers and judges far exceeds the Dalit numbers, it is clear which way the caste discrimination tilts in Indian judicial system.

But as if oblivious to the reality and asking a more meaningful question, Shekhar Gupta innocently asked a supplementary: "Does it actually happen?"

But surprisingly, on a suggestion by Gupta that "it would be very tragic if you start now looking for caste balance in our Supreme Court benches", even a man of Nariman's reputation tilted against the scales of justice and exclaimed, "Oh! My God, that will be a disaster, no doubt about it. We have to be a little more liberal, we have to look forward…"

So, liberalism is to wait for judges to become more aware of the harm that they are bringing to the judicial system even at the top echelons of th judiciary rather than act to achieve some affirmative action and care a bit about caste balance.

How India's best and brilliant expose themselves given half a chance!

23 September 2009
 

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