Symbolic Change Not Enough for Decolonisation

Newsreel Asia Insight #332
October 17, 2024

The unveiling of the new Lady Justice statue in India’s Supreme Court—a figure without a blindfold and holding the Constitution instead of a sword—is being celebrated by some as a step towards shedding colonial symbols and embracing a new era of justice. However, this superficial gesture fails to address the deep-rooted issues plaguing the country’s judicial system.

Traditionally, Lady Justice is depicted wearing a blindfold, holding scales in one hand and a sword in the other. Each element carries symbolic significance.

The blindfold represents impartiality, conveying the ideal that justice should be administered without bias or prejudice, regardless of a person’s identity—whether a celebrity or a common citizen, and irrespective of their religion—their wealth—whether as affluent as Adani or as modest as a roadside vendor—or their power—whether they are from the ruling Bharatiya Janata Party or the Aam Aadmi Party. The scales symbolise the weighing of evidence, ensuring that decisions are made based on facts and fairness, and not on propaganda. The sword denotes the authority of the law and the power to enforce judgments decisively.

A sources in the Chief Justice’s office told NDTV that Justice D.Y. Chandrachud believes that the law is not blind and everyone is equal before it. “Therefore, the Chief Justice said that the form of the Lady Justice should be changed. He said the statue should have the Constitution in one hand and not a sword, so that a message goes out to the country that she dispenses justice according to the Constitution. The sword is a symbol of violence but courts deliver justice according to constitutional laws,” the source was quoted as saying.

The move is also being seen as an attempt to leave the colonial legacy behind, just as was done by replacing colonial-era criminal laws like the Indian Penal Code with the Bharatiya Nyaya Sanhita, NDTV noted.

This sounds good; besides, there are several other countries where Lady Justice is depicted without a blindfold.

The statue of Lady Justice atop the Old Bailey, the Central Criminal Court in London, U.K., is notably not blindfolded. Sculpted by F.W. Pomeroy in 1907, she holds a sword and scales but lacks the blindfold, suggesting that justice should be open-eyed and aware.

In Frankfurt am Main, Germany, the famous Gerechtigkeitsbrunnen (Fountain of Justice) also features Lady Justice without a blindfold, implying that justice must be vigilant and discerning.

The statue of Lady Justice in the town of Solothurn in Switzerland also lacks a blindfold, reflecting the belief that justice should see all evidence and be fully informed before making decisions.

While many American depictions of Lady Justice include the blindfold, there are exceptions. The “Authority of Law” statue by James Earle Fraser, located at the U.S. Supreme Court building in Washington, D.C., portrays a male figure representing the law without a blindfold. Similarly, some courthouse sculptures and architectural representations across the United States feature Lady Justice without the blindfold, pointing to the importance of knowledge and awareness in judicial proceedings.

Further, in various Italian courthouses and historical artworks, Lady Justice is often shown without a blindfold. Given Italy’s rich Roman heritage—where the goddess Justitia originates—the traditional depiction focuses on justice being administered by wise and all-seeing judges.

However, in India, the worst legacy of colonial rule was not just the visible symbols imposed by a foreign power but the systemic oppression of common people without an effective rule of law. Many laws were intended to prevent common people from expressing their dissent and challenging authority.

Many of these repressive laws and practices have persisted or evolved rather than being entirely eradicated. The judiciary, tasked with upholding the Constitution and protecting citizens’ rights, often struggles with corruption in the lower courts and political influence in the higher courts. The higher judiciary, including the Supreme Court, has occasionally been criticised for decisions that appear to align more with political interests than with constitutional mandates.

Strengthening judicial independence is crucial. This involves safeguarding the judiciary from political interference through transparent appointment processes and ensuring transparency in the “master of the roster” system.

Therefore, removing the oppressive aspects of colonisation would go much further in advancing justice than altering the symbolism of a statue, which offers no solace to those seeking justice in a system that often fails to deliver it.