75 Years of Judgments
Funded by the University of Melbourne, research carried out in conjunction with the Supreme Court has looked at all decisions rendered by the Constitution's benches from 1950 through February 2025. The Significant impact these rulings have had on legal education, future rulings, and the narrative of the country.
Although many of the decisions support the right of Dalits, how language is being used has been deemed by Melbourne Law School to be "degrading or insensitive".
The report contains examples of the judgments (in addition to many judgments supporting Dalit rights) where one or more of the judges referenced their opinion about Dalit people by saying caste can be 'destroyed by education', or that those who are still experiencing discrimination based on Dalit heritage are not being given access to job opportunities because of how customers are treated differently.
There are judges who have described Dalit people as "like ordinary horses" and judges who have referred to those who are in higher castes as "like racehorses". Some judges expressed their opinion about affirmative action being a "crutch". At times, the definitions of how caste originated have been described by judges as "benign", describing caste as a method of dividing labour, which the researchers contend perpetuates unjust systems of work.
The "primitive way of living" of the Scheduled Tribes was also mentioned in a ruling made in 2020. This statement implied that Scheduled Tribes were not capable of integrating into society and needed help in order to be able to "help develop the nation".Researchers state that judges must acknowledge that their choice of words is a reflection of deeper societal beliefs, although many judges continue to uphold caste equality in the court.
According to Prof Ahmed, it is difficult to imagine that this type of language will not impact the decisions made by judges. The Supreme Court's rulings shape public opinion, and the words that appear in these rulings are circulated throughout society and politics.
The court has recognized that there are many biases present in rulings and has begun addressing some of these issues. For example, in October of last year, the court mandated reforms to the prison manuals due to evidence of caste-based discrimination. In addition, many judges explain that the language that they use that promotes some of the negative opinions towards certain castes is used without intent.
A former judge, Mr. Madan Lokur, stated that courts may not always keep up with language changes; however, he believes that judges do not intentionally use discriminatory language.
In August of 2023, the court provided the publication to judges and lawyers titled “Handbook on Combating Gender Stereotypes,” which provides recommendations on how to avoid using discriminatory language. Researchers believe that if courts use similar recommendations to write about caste, then there will be a reduction in the use of discriminatory terms and a need for internal reviews and increased diversity of representation.
Apparently, historically, the Supreme Court of India has had a low representation of Dalit judges in its history, with only eight Dalit judges serving on it since its inception. Chief Justice BR Gavai recently became the second Dalit to serve in this capacity, and he was the head of the court for a period of six months before recently retiring.
Justice KG Balakrishnan, the first Dalit Chief Justice, was a part of two rulings in this study, and his writings describe caste as “an unbreakable bondage” that allows people to continue performing "impure" occupations, and the separation of castes from one another continues after death.
Given the stark contrast between the rulings from Justice Balakrishnan and the rest of the Supreme Court that do not take caste injustices into account, the researchers believe that the court needs more diverse perspectives, especially from oppressed castes, in order to address issues of caste inequality and give voice to the concerns of the oppressed castes.
The researchers argue that the quest for equality within castes is not only found in the laws and rulings of the court, but is also a reflection of their contemporaneous, social and political metaphors and language, and their day-to-day decisions of one of the most powerful institutions in India.
