Skip to main content

Top upper caste judges 'biased' towards Dalit colleagues: US Bar Association report


By Rajiv Shah 
 
A high profile report prepared by the influential American Bar Association (ABA) Center for Human Rights, taking note of the fact that “in the 70-year history of the Indian Republic, only six Dalit judges have been appointed to the Supreme Court”, has taken strong exception to what it calls “lack of representation of Dalits” in the legal profession and the judiciary.
Titled “Challenges for Dalits in South Asia's Legal Community”, prepared by Anurag Bhaskar and Neil Modi, based on 74 interviews, out of which 32 respondents belong to the Dalit community, three are Adivasis, four belong to Other Backward Classes, three Muslims, and 32 other non-Dalits, the report quotes a respondent as noting that “the credibility of an institution such as the Supreme Court cannot flourish in a constitutional democracy if its marginalized communities do not explicitly express their trust in the institution.”
Referring to authoritative sources -- Kariya Munda Committee, a parliamentary committee on the welfare of Scheduled Castes and Scheduled Tribes (2000); National Commission to Review the Working of the Constitution, chaired by Justice MN Venkatachaliah (2002); Parliamentary Standing Committee under the chairmanship of Dr EM Sudarsana Natchiappan (2006); and National Commission for Scheduled Castes (2016) -- the report says that as of 2011, there were only 24 judges belonging to SC/ST against a total of 850 judges in all the 21 High Courts, regretting, today, “Public data for High Courts and lower district judiciary could not be found.”
Quoting sitting and retired High Court upper caste judges on “persistence of implicit biases of upper-caste judges toward their colleagues from the Dalit community”, the report cites one of of them as stating how during his tenure as the Chief Justice in a State High Court “he faced resistance from his upper-caste colleagues whenever he considered a Dalit lawyer for appointment as a judge in that High Court.”
Quoting a retired upper caste Supreme Court judge, the report says, “Since Dalit judges in the lower judiciary get appointed through reservations/quotas, there is a bias against them in the higher judiciary that they are less meritorious, and thus do not get promoted easily”, adding, “This judge believed that reservations impact Dalit candidates negatively.”
According to the report, “Another retired Supreme Court judge, who was part of the Supreme Court collegium for about two years in the past decade, said that the main parameters for considering elevation were maintaining state-wide representation of High Court judges and their seniority at all levels. He added, as there were no Dalit judges with seniority in High Courts during his time on the bench, the issue of ensuring representation of Dalits in the Supreme Court was not discussed as part of the collegium.”
It quotes a former additional Solicitor General for India as sharing the same sentiment: “The fact that in the 70 years of its existence, the Supreme Court of India has seen only eight women judges and one Dalit Chief Justice is testament to the reality that the composition of our judiciary is not represented by the Dalit population.”
The report quotes another senior advocate and former Solicitor General for India as claiming that the situation “has drastically changed since the 1980s, and today “we see a substantial increase in the number of lawyers hailing from the Dalit community.” However, he also regrets, the members of the Dalit and Adivasi communities have not received adequate representation “since no systemic inclusionary arrangements were institutionalized.”
Citing three sitting High Court judges from upper castes, who “admitted that in lower courts caste can play a role in getting clients”, the report notes, “Often, some lawyers from the Dalit community hide their identity to get cases”, a fact “corroborated by another respondent from the Dalit community who shared that one of his relatives had changed his surname to a Brahmin surname in order to get clients.”
Pointing out that “since Dalits are one of the most disadvantaged social groups, they face barriers in access to quality legal education”, the report says, “A former Chief Justice of India remarked that most Dalit lawyers during his time did not study in English-medium schools; as a result, they were restricted to practicing in the lower courts as the higher courts require advanced proficiency in English… Because the medium of instruction in High Courts and the Supreme Court is English, many lawyers from the Dalit community did not have the option to start their practice before these constitutional courts.”
Since Dalit judges in lower judiciary get appointed through quotas, there is bias against them in higher judiciary that they are less meritorious
“Difficulties” faced by the Dalit community in the legal profession do not end here, says the report, pointing out, the bar associations in India have “historically been dominated by upper-caste males”. Thus, “A review of the profiles of current office holders and other officers of the Bar Council of India (BCI) suggests that it is comprised mainly of individuals from upper-caste backgrounds. Any scheme of the BCI or any bar association supporting Dalit lawyers in initial years could not be found.”
As a result of the “discrimination”, the report says, “Young Dalit lawyers lack access to equal opportunities in the legal sector, they are left with only limited options, leading them to create their own grassroots organizations advocating the Dalit community’s rights.” Worse, “lawyers from the Dalit/Adivasi community working on human rights cases at the grassroots level are being branded as Maoists or Naxalite in order to make them fall in line with the state administration.”
While there have been efforts to promote capacity of Dalit lawyers through organizations such as the National Campaign for Dalit Human Rights and the National Dalit Movement for Justice, which have been working “with the criminal justice administration systems to address the issues of access to justice for those affected by atrocities and violence”, the report laments, “Most of the public prosecutors at district levels neither have knowledge of atrocities law nor are they sensitive towards the background of victims.”
Referring to anti-atrocity cases, the report quotes a Dalit lawyer practicing in the Supreme Court for more than a decade as stating that “quite often, he would experience differences in the approaches adopted by senior advocates in handling cases related to Dalits.” In one such instance, “three Supreme Court judges, who were considered liberal in their outlook, stopped him from making his submissions in cases of atrocities and affirmative action.” In another instance he was “stopped by the judge to read the facts in an atrocities case.”

Comments

Sudhir Rawal said…
If this is true in real sense, it is very unfortunate..but how can it be judged judiciously?
Jatin Sheth said…
Top judiciary has to be purely on the basis of merit only as the judgements delivered by the Supreme Court as great consequences in the country. India has seen Justice Balakrishnan who became Chief Justice of Supreme Court. As I remember, he became Chief Justice because he was a dalit.
Iqbalmasud Khan said…
Why go that far.
Justice Akhil Qureshi is the recent example of bias and bigotry. It may be pertinent to recall that Justice Qureshi ‘s grandfather Ghulam Rasul Qureshi was instrumental in bringing Gandhi ji to India, and in 1969 riots he was thrown out of Gandhi Ashram where he settled after Gandhiji’s assassination by Godse, the mentor of RSS and BJP rulers. So this is not news if Dalits and Muslims are persecuted in every sphere of administration.



TRENDING

Wave of disappearances sparks human rights fears for activists in Delhi

By Harsh Thakor*  A philosophy student from Zakir Hussain College, Delhi University, and an activist associated with Nazariya magazine, Rudra, has been reported missing since the morning of July 19, 2025. This disappearance adds to a growing concern among human rights advocates regarding the escalating number of detentions and disappearances of activists in Delhi.

How community leaders overcome obstacles to protect forests and pastures in remote villages

By Bharat Dogra  Dheera Ram Kapaya grew up in such poverty that, unable to attend school himself, he would carry another boy’s heavy school bag for five kilometers just to get a scoop of daliya (porridge). When he was finally able to attend school, he had to leave after class five to join other adolescent workers. However, as soon as opportunities arose, he involved himself in community efforts—promoting forest protection, adult literacy, and other constructive initiatives. His hidden talent for writing emerged during this time, and he became known for the songs and street play scripts he created to promote forest conservation, discourage child marriages, and support other social reforms.

‘Act of war on agriculture’: Aruna Rodrigues slams GM crop expansion and regulatory apathy

By Rosamma Thomas*  Expressing appreciation to the Union Agriculture Minister for inviting suggestions from farmers and concerned citizens on the sharp decline in cotton crop productivity, Aruna Rodrigues—lead petitioner in the Supreme Court case ongoing since 2005 that seeks a moratorium on genetically modified (GM) crops—wrote to Union Minister Shivraj Singh Chouhan on July 14, 2025, stating that conflicts of interest have infiltrated India’s regulatory system like a spreading cancer, including within the Indian Council for Agricultural Research (ICAR).

Overriding India's constitutional sovereignty? Citizens urge PM to reject WHO IHR amendments

By A Representative   A group of concerned Indian citizens, including medical professionals and activists, has sent an urgent appeal to Prime Minister Narendra Modi, urging him to reject proposed amendments to the International Health Regulations (IHR) before the ratification deadline of July 19, 2025. 

The GMO illusion: Three decades of hype, harm, and false hope

By Sridhar Radhakrishnan  Three decades of hype, billions of dollars spent, and still no miracle crop. It's time to abandon the GMO biotech fairy tale and return to the soil, the seed, and the farmer. “Trust us,” they said. “GMOs will feed the world.” Picture a world where there is plenty of food, no hunger, fields grow without chemical pesticides, children are saved from malnutrition, and people live healthily.

Sandra Gonzalez Sanabria: An inspiring life from Colombia’s Amazonian valley

By Vidya Bhushan Rawat*  In the village of Héctor Ramírez, known as Agua Bonita, in La Montañita, Caquetá, Colombia, a vision of peace and renewal is unfolding. In the pre-2016 period, this would have been nearly impossible for outsiders to visit, as it was the epicenter of violent resistance against state oppression. However, after the Peace Accord was signed between the Colombian government and former revolutionaries—marking the end of a 70-year insurgency that claimed over 400,000 lives until 2025, including civilians, rebel fighters, and security personnel—things began to change. Visiting Agua Bonita during the Global Land Forum in Bogotá revealed a village of hope and resilience. Former FARC revolutionaries have settled here and transformed the village into a center of peace and aspiration.

Indigenous Karen activist calls for global solidarity amid continued struggles in Burma

By A Representative   At the International Festival for People’s Rights and Struggles (IFPRS), Naw Paw Pree, an Indigenous Karen activist from the Karen Human Rights Group (KHRG), shared her experiences of oppression, resilience, and hope. Organized with the support of the International Indigenous Peoples Movement for Self-Determination and Liberation (IPMSDL), the event brought together Indigenous and marginalized communities from across the globe, offering a rare safe space for shared learning, solidarity, and expression.

Activists allege abduction and torture by Delhi Police Special Cell in missing person probe

By A Representative   A press statement released today by the Campaign Against State Repression (CASR) alleges that several student and social activists have been abducted, illegally detained, and subjected to torture by the Delhi Police Special Cell. The CASR claims these actions are linked to an investigation into the disappearance of Vallika Varshri, an editorial team member of 'Nazariya' magazine.

India’s zero-emission, eco-friendly energy strategies have a long way to go, despite impressive progress

By N.S. Venkataraman*   The recent report released by OPEC’s World Oil Outlook 2025 has predicted that by the year 2050, crude oil would replace coal as India’s key energy source. Clearly, OPEC expects that India’s dependence on fossil fuels for energy will continue to remain high in one form or another.