BENGALURU : Chairperson of the National Human Rights Commission and former Supreme Court judge Justice Arun Kumar Mishra emphasized the significance of reservation as a tool to ensure justice for Scheduled Caste and Scheduled Tribe (SC and ST) communities.
Despite India celebrating 75 years of Independence, these communities face persistent challenges, he said and advocated change, even if it requires amending existing laws. This, among other topics including gender equality, education and healthcare, was conveyed during a colloquium on Distributive Justice and Substantive Equality at Bharatiya Vidya Bhavan on Friday.
Fundamental rights are not mere privileges, but justice given to every citizen. People are the driving force behind development, hence, they should be prioritized equally for overall growth. Differences continue to exist in society, in such cases, if the law cannot address the differences, it should redefine certain concepts, including gender equality, and confront the persistent denial of fundamental rights for SC and ST castes, Justice Mishra said.
He said that as the world undergoes swift technological advancements, disparities emerge in the form of a digital divide, which poses a potential obstacle to the country’s overall progress. It is imperative for the system to vigilantly address challenges posed by technology, such as instances of child sexual abuse, where a child is live-streamed, and others profit from it. Courts should enact laws holding intermediaries accountable and impose penalties to address such issues.
Speaking about imbalances and advocating substantive equality, Justice Mishra added that to achieve sustainable growth, society must rectify existing imbalances as the equal provision of education, healthcare and basic amenities, as mandated by the Constitution, is crucial for fostering a more equitable environment.
Furthermore, challenges such as ensuring equal pay for equal work, and addressing exploitation based on social background, including the deplorable practice of manual scavenging, demand immediate attention. In the post-Independence era, courts cannot afford to remain silent spectators.