During the first International Supreme Court Advocates on Record (SCAORA) Legal Conference, Supreme Court Justice Sanjay Karol shared a disturbing account of a woman in rural India who is forced to live outside her home during menstruation. He showcased a photograph he took in 2023 of the woman living under a tent, prohibited from entering her house due to social taboos around menstruation.
Justice Karol, without specifying the exact location, pointed to remote areas in Bihar and Tripura as regions where access to justice is still severely lacking. He described this incident as a reflection of the broader societal injustice many face in rural parts of India, urging the legal community to step up and address these challenges.
Justice Karol: India is not Delhi or Mumbai. Unfortunately our approach has been very metro centric. Have we ever thought of teeming millions living in rural areas of India. Have we reached out to them .. I travel extensively and Mr Mishra knows both in Tripura and Bihar I have…
— Bar and Bench (@barandbench) October 19, 2024
Addressing the significant divide in access to justice, Justice Karol criticized the “metro-centric approach” of India’s legal system, stating, “India is not Delhi. India is not Bombay.” He highlighted the plight of millions in rural areas who are unaware of their rights or have no access to the justice system.
The judge called for greater outreach to those living in remote regions, emphasizing that the legal system must evolve to serve the broader population and not just the educated or urban elite.
Justice Karol also underscored the importance of the Indian Constitution in driving social and economic justice, describing it as a “living document” that must adapt to the country’s evolving needs. He highlighted the Constitution’s role in rectifying historical injustices and fostering an environment that promotes equality and sustainable development.
The judge concluded by stressing the intrinsic link between social and economic justice, stating that inequality goes beyond a lack of resources, often representing a more profound disparity relative to others.
