RESPONSIBILITY BEYOND JUDGMENTS

Apart from transparency and openness, there are other areas that do require attention of the judiciary. In some of these, the Chhattisgarh High Court led the way.

In a party, I met Ironman and Spiderman. Here I am with them

Concerning Judicature

Rekindling Judiciary।। Suggestions For Improving Collegium System।। Benches and the Law Commission।। Naked In The Khan Market।। Responsibility Beyond Judgments।। ।। ।। ।। 

One such area is environmental responsibility. The challenges posed by climate change and the depletion of natural resources are no longer distant concerns. Institutions, including courts, must respond not only through judgments but also through their own practices. The Chhattisgarh High Court was the first court to adopt solar energy. Though it presently meets one third of its consumption but the initiative is significant. The judiciary has to rethink about how to use renewable energy.

Another area that merits attention is the creation of conditions that enable greater participation of women in the workforce. Population stabilisation, often discussed in policy circles, is closely linked with education and employment of women. While legislation has addressed aspects of this issue, institutional practices must complement these efforts. The Chhattisgarh High Court took a small but meaningful step by establishing a crèche for the children of working women: the first for any court in India. It is an example that deserves wider adoption in the judiciary.

During my tenure there, a group of women lawyers raised a concern that was both disquieting and instructive. Vulgar slogans had been written inside lifts and in the ladies’ restrooms. Instead of prescribing a solution, I asked them what they would consider appropriate. On their suggestion, CCTV cameras were installed in lifts and outside the restrooms. The problem was addressed, but the more important lesson lay elsewhere—solutions are often more effective when they emerge from those directly affected.

These measures, though modest, point to a broader approach: institutions must remain responsive, not only in their formal decisions but also in their everyday functioning.

Perhaps, however, the most important attribute for any institution exercising power is the ability to accept criticism. It is often the critic who performs the role of a well-wisher. Kabir captured this idea with clarity:

'निंदक नियरे राखिए, आगन कुटी हवाय

बिन पानी, साबुन बिना, निर्मल करे सुभाय'

Keep your critic close to you, preferably in a hut in your courtyard.

For without soap or water, they cleanse your character (nature).

This thought finds an echo in an unlikely source—Spiderman, a fictional superhero familiar to many. Spiderman is the secret identity of Peter Parker, an orphan, raised by his aunt May and uncle Ben. He got his superhuman spider-powers and abilities after he was bitten by a radioactive spider. After he got his powers, uncle Ben reminded him:

“With great power there must also come—great responsibility.”

For the judiciary, this responsibility extends beyond the delivery of judgments. It includes the manner in which it responds to disagreement, criticism, and even provocation. Sensitivity to criticism, if carried too far, may undermine rather than protect institutional dignity.

An instructive example is provided by the events following the Spycatcher case.

'Spycatcher' is a memoir of a Senior British Intelligence Officer Peter Wright, former MI5 officer. His attempt to publish in England was unsuccessful as the British government obtained an injunction from the court banning its publication. However, the efforts of the British government to obtain similar injunction in the other countries failed. The book was published, and the newspapers started covering the book.

The book as well as newspaper publications started entering United Kingdom. In these changed circumstances, an application was filed to vacate the injunction order.  This application was allowed but the court of appeal reversed the order with some modification. Both sides filed an appeal before the House of Lords. The court with three is to two restored the injunction order. 

There was criticism of the judicial order. The Daily Mirror published upside-down photographs of the three Law Lords, with the caption 'You Old Fools'.

No action for contempt followed. Instead, Lord Templeman observed:

"We three were in the majority; we were not young by any standard: whether we are fools or otherwise is a matter of opinion or perception," 

The authority of the court does not lie only in the correctness of its decisions, but also in its capacity to endure criticism. The respect it commands is the one given and not the one commanded: dignity is not enforced.

#ImprovingLegalSystem 

#WomenEmpowerment #Contempt #Spycatcher