India’s Supreme Court recently unveiled a new statue of Lad’ Justice, an iconic symbol of the judiciary, marking a significant departure from traditional representations rooted in colonial heritage. Traditionally depicted as blindfolded, holding scales and a sword, this new version portrays her with open eyes, dressed in a saree, and holding the Constitution instead of a sword. This transformation reflects an intentional move by the judiciary to break free from the colonial past and to better align with Indian cultural values and constitutional principles.

It speaks volumes about the spirit of a judicial vision that is becoming more aware, inclusive, and attuned to the complexities of contemporary Indian society. The open-eyed Lady Justice has profound symbolic value. The absence of the blindfold is particularly significant in a country like India, where inequality, caste, gender discrimination, and socioeconomic disparities persist. The conventional blindfold, intended to symbolize impartiality, is inadequate in addressing India’s diverse realities. Justice in India cannot be blind to the systemic injustices deeply rooted in its social fabric. The judiciary, by embodying this open-eyed figure, is expressing a commitment to seeing and addressing the country’s unique challenges.

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At the same time, the shift from the sword, a symbol of authority and punishment, to the Constitution signifies a more democratic and rights-based approach to justice. The Constitution is the supreme law of India, enshrining the values of equality, liberty, and fraternity, and this new depiction of Lady Justice reaffirms the judiciary’s role as the guardian of those principles. It underscores that the judiciary’s power should come not from the ability to punish, but from its dedication to upholding constitutional morality and protecting individual rights.

The symbolism marks an enlightened vision for India’s judiciary. Yet, this gesture contrasts with the pressing challenges within the system, especially the vast backlog of cases. As of January 2024, the Supreme Court alone has over 80,000 pending cases, and more than 58 lakh cases are stuck across various high courts, with some dating back over 30 years. The delays disproportionately affect marginalized communities, often forcing them through a drawn-out, costly legal process.

According to the National Judicial Data Grid (NJDG), 2.45 lakh cases that are between 20 and 30 years old remain unresolved in high courts. For the ideals reflected in this statue to have a meaningful impact, the judiciary must address these delays through systemic reforms, such as streamlining procedures, embracing digital solutions, and filling judicial vacancies. Without such reforms, the statue’s message of attentiveness and equity risks being purely symbolic, rather than a reflection of justice in practice. Another challenge lies in ensuring equitable access to justice. While the Constitution guarantees equality before the law, the reality is far from this ideal. Marginalized groups, including women, Dalits, Adivasis, and economically disadvantaged populations, often face barriers to accessing the legal system.

The cost of legal representation, a lack of awareness about rights, and systemic biases within the judiciary itself contribute to these challenges. The saree-clad Lady Justice, a symbol of Indian womanhood, represents the judiciary’s connection to the people it serves, but this connection must be translated into concrete actions that make justice accessible to all citizens, regardless of their background. Judicial independence is another pressing issue. While the judiciary is constitutionally protected from political interference, recent years have seen increasing concerns about the erosion of this independence. Several high-profile cases have raised questions about the impartiality of judicial decisions, with critics pointing to a growing proximity between the judiciary and the executive branch.

The new Lady Justice statue, with her eyes wide open, sends a message that the judiciary must remain vigilant and independent, safeguarding its role as the protector of constitutional values and the rights of the people. Additionally, the introduction of the new Lady Justice raises important questions about the decolonization of India’s legal system. Many of India’s legal structures and practices are remnants of British colonial rule, designed to serve an imperial agenda rather than the needs of the Indian populace. The new statue is a conscious step toward reclaiming India’s legal institutions and making them more reflective of its own culture and values. However, this process of decolonization must go beyond symbolic changes and include substantive reforms, such as simplifying archaic laws, addressing the hierarchical structure of the courts, and making legal processes more transparent and citizen friendly.

In this context, judicial reform must also focus on improving the representation of women, minorities, and marginalized communities within the judiciary itself. While Lady Justice may now be depicted as an Indian woman, the reality is that women are significantly underrepresented in India’s judicial system. According to the Supreme Court’s ‘State of the Judiciary’ report, women’s representation in Indian courts has increased. In 2023, 9.4 per cent of Supreme Court judges were women, up from 4 per cent in 2018, while high courts saw a rise from 10.1 to 13.4 per cent during the same period. Subordinate courts have also improved, with female judges increasing from 27.6 per cent in 2018 to 36.3 per cent in 2023. However, the proportion remains particularly low in states like Rajasthan, Odisha, Jharkhand, and Chhattisgarh.

To ensure fairness, the judiciary must mirror India’s diverse society in its composition. Moreover, judicial accountability remains a critical issue. The judiciary, while independent, must also be accountable to the people it serves. Mechanisms for ensuring transparency, such as live-streaming court proceedings and making judgments more accessible to the public, should be expanded. The open eyes of Lady Justice can serve as a reminder that justice must be seen to be done ~ both in terms of transparency and in terms of the perception of fairness. Ultimately, the Supreme Court’s unveiling of a new, open eyed Lady Justice statue is a significant and symbolic step towards a more culturally attuned and constitutionally driven vision of justice.

However, this symbol must be accompanied by substantive reforms to address the real challenges facing India’s judiciary. From tackling the case backlog to ensuring equitable access to justice, from protecting judicial independence to decolonizing legal systems, and from increasing diversity within the judiciary to enhancing judicial accountability, there is much work to be done. Only by addressing these challenges can India’s judiciary truly embody the ideals represented by its new Lady Justice statue justice that is aware, inclusive, and rooted in the principles of the Constitution.

(The writer is an author, policy analyst and columnist)