Satarupa Chakraborty: CJI's Remarks on Women Farmers Are an Assault on Human Agency and Constitutional Rights / Pratap Bhanu Mehta: SC’s order on the farm bills is terrible constitutional precedent, bereft of judgment

Chastising the Centre for its handling of the farmers’ protest, the Supreme Court on January 11 observed that it will not pass an order that “citizens should not protest”. This was encouraging. But subsequent remarks made by the Chief Justice of India (CJI) S.A. Bobde, have given cause for concern. He asked: “Why are women and elders kept in the protest?” 

He also asked advocate H.S. Phoolka to ‘persuade’ the women and elderly protesters to go back from the protest sites, indicating that an order may be passed by the court later to this end. On January 12, the CJI pronounced in the court, “We want to place on record our appreciation for this stand (about elders, women and children not participating in protests in future).” These remarks irk the question – who is considered a citizen and who isn’t? Can there be a ‘guardian’ at a given protest site to decide who should be ‘kept’ there and who should not be? Such a stance is not only an attack on human agency, but also puts the custodian of law in a questionable position. The CJI’s statement takes women for granted and endorses infantilisation of labour by women. That he would seek women and elders to be sent back by ‘persuasion’ is condemnable, as his stance portrays either ignorance or a deep sense of prejudice on the role of women in farming….

https://thewire.in/women/cji-bobde-women-farmers-protest-remarks-rights

SC’s order on the farm bills is terrible constitutional precedent, bereft of judgment

The Supreme Court is increasingly looking like one of those fantasy creatures with disjointed shapes, where nothing is what it appears to be. The forms keep mysteriously changing, with benign faces masking more ominous fangs, and shapes shifting as the need arises. So this is a constitutional court that does not pronounce on the constitutionality of laws. Instead, it wades into political and administrative management without the imprimatur of any law. It positions itself as a saviour of democracy only to make a mockery of the parliamentary process. It wades into conflict management, only to hide behind the façade of some expert committee. It pretends that distributive conflicts are technical ones. It finds ruses to defuse genuine democratic protest. Yet it will not facilitate the orderly and law-bound expression of protest…

https://indianexpress.com/article/opinion/columns/supreme-court-stay-on-farm-laws-protests-7143857/

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