Principles of feminism aligned with constitutional values: Justice Chandrachud

"When you apply feminist principles, one is doing nothing more than giving effect to the substance of equality in the Constitution," Justice Chandrachud said at O.P. Jindal Global University.

Published: 08th October 2018 05:38 PM  |   Last Updated: 08th October 2018 05:38 PM   |  A+A-

Justice D.Y. Chandrachud. (File Photo | PTI)


NEW DELHI: If feminism is based on the principle of equality, it is aligned with the values the Constitution of India upholds, Justice D.Y. Chandrachud of the Supreme Court has said.

"When you apply feminist principles, one is doing nothing more than giving effect to the substance of equality in the Constitution," Justice Chandrachud said while responding to a question at a roundtable discussion here hosted by Haryana's O.P. Jindal Global University (JGU).

The roundtable was part of the Indian Feminist Judgments Project's two-day workshop organised here on October 6-7 in collaboration with the National Law University in Delhi and Ambedkar University Delhi.

In response to a question on whether a judge could be identified as a feminist, Justice Chandrachud said: "I won't say that judges could call themselves feminist judges and there is a reason for it because one of the things that a judge does by virtue of the nature of his/her job is to decide on the basis of facts and as objectively as one can."

But feminism, the Supreme Court judge said, is a lot about disruption of social hierarchies.

"What is critical here is the fact that as a judge you need to be giving effect to the essential values the Constitution upholds - like equality, liberty and fraternity," he said.

The session started with an introduction to the Indian Feminist Judgments Project by Jhuma Sen, Assistant Professor and Assistant Director, Jindal Global Law School, followed by a roundtable discussion.

Legal cases and contemporary examples of feminist judging that underlined the prevalent gap between feminist theory and judicial decision-making were discussed at the session.

"When you think of feminist judging, it is mostly a question of understanding what access to justice is," said Justice Gita Mittal, Chief Justice, Jammu and Kashmir High Court, while responding to a question at the roundtable.

"When you talk about issues across the country faced by women, we overlook one very critical aspect and that are the barriers that these women have to overcome before they access justice," she added.

The Indian Feminist Judgments Project was formed by a group of scholars with the objective of bridging the gap between feminist theory and practice.


Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on are those of the comment writers alone. They do not represent the views or opinions of or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. reserves the right to take any or all comments down at any time.

  • P Kashyap

    Very hollow comment and speech from DY Chandrachud. Is there equality in the benches. Male judges outnumber females in the courts. In the recent Sabarimala case
    3 years ago reply
flipboard facebook twitter whatsapp