CJI Gavai Champions Systemic Inclusion, Urges Legal Fraternity to Ensure Justice for All - 2025-10-11

CJI Gavai Champions Systemic Inclusion, Urges Legal Fraternity to Ensure Justice for All

HANOI, VIETNAM – In a deeply personal and powerful keynote address, Chief Justice of India B.R. Gavai called upon the global legal community to move beyond rhetoric and actively implement systemic changes to foster genuine diversity and inclusion. Speaking at the 38th LAWASIA Conference, he underscored the collective duty of judges and lawyers to make the justice system accessible, understandable, and equitable for every citizen, particularly those from historically marginalized communities.

Drawing from his own life, CJI Gavai framed the Indian Constitution not as an abstract legal document but as a transformative force for social justice. "For me, born into a low-caste family, it meant that I was not born untouchable," he shared. "The Constitution recognised my dignity as equal to that of every other citizen, offering not just protection, but the promise of opportunity, freedom and social recognition." This personal testimony served as the foundation for a broader call to action, urging the legal profession to become a vehicle for the constitutional dream of equality nurtured by figures like Mahatma Gandhi and Dr. B.R. Ambedkar.

Leading by Example: Affirmative Action in the Apex Court

CJI Gavai, addressing the conference theme of "Role of Lawyers and Courts in Promoting Diversity and Inclusion," emphasized that judicial institutions must practice what they preach. He revealed that upon assuming office in May, one of his foremost priorities was to ensure that affirmative action in the Supreme Court's administrative recruitment was implemented "not just in letter, but in spirit."

"I directed that marginalised communities receive their due share in all administrative appointments and that these policies be applied consistently and transparently," he stated. This move signals a significant commitment to embedding principles of equity within the judiciary's own operational framework. The Chief Justice argued that it is crucial for the values articulated in judgments to be mirrored in the court's administrative policies, thereby building public trust and institutional integrity.

Dismantling Barriers: From Courtrooms to Law Chambers

The Chief Justice extended his challenge to the legal bar, urging lawyers to scrutinize their own professional conduct and workplace environments. He specifically addressed the pervasive gender bias in hiring practices within law firms.

"Lawyers should not be reluctant in hiring women because of assumptions about maternity leave, time constraints or perceived 'commitment issues'," he asserted. "Such biases are unfair and counterproductive. Lawyers have a duty to ensure that the principles they advocate in court and in public life are reflected in their own workplaces and professional conduct."

This directive aims to dismantle the subtle but persistent barriers that hinder the progress of women in the legal profession. The CJI cited the Supreme Court's landmark verdict granting permanent commission to women in the defense forces as a prime example of the judiciary's role in promoting equality over historical disadvantage, and he called on lawyers to champion this spirit within their own domains.

Bridging the Gap: Access to Justice for the Common Person

A central theme of the address was the urgent need to demystify the law and make justice accessible to citizens in the farthest corners of the nation. "We must ensure that the legal system and legal discourse do not remain confined to metropolitan cities, but are accessible to every citizen," CJI Gavai declared.

He explained that true inclusion is achieved only when the "common person can understand, relate to and feel connected with the legal processes, the exchanges between a lawyer and a judge, the judgments delivered and the mechanisms of justice itself."

In his capacity as the Executive Chairperson of the National Legal Services Authority (NALSA), he highlighted his directive to extend legal aid to the country's "farthest and most underserved regions." The goal, he said, was unequivocal: "No individual should be deprived of their legal rights and every person must have access to necessary legal representation, guidance and support."

He positioned lawyers as critical "bridges between the law and the people." While judges must maintain a degree of aloofness, he noted, lawyers have a unique proximity to society. This allows them to raise legal awareness and ensure that justice is not only delivered but is also "understood, accessible and meaningful to all."

Beyond Recruitment: The Imperative of Mentorship

CJI Gavai argued that promoting diversity is a multi-faceted commitment that extends far beyond initial recruitment. He stressed the profound importance of mentorship, especially for young professionals from marginalized backgrounds who often enter the legal field carrying the "weight of historical exclusion."

"Recruiting a person without offering support, guidance or a nurturing environment undermines the very purpose of inclusion," he cautioned. "Mentorship should not be limited to recruitment alone. It must extend to providing guidance, empathy and sustained support."

He called upon senior members of the bar and the bench, as beneficiaries of existing privileges, to take on the responsibility of creating an environment where young, diverse talent can thrive. True inclusion, he concluded, "requires active effort, commitment and accountability from everyone." His address at LAWASIA serves as both a reflection on the progress made and a powerful mandate for the legal community to redouble its efforts in building a truly equitable and inclusive justice system.