Glorification of casteist, regressive and unconstitutional texts by a sitting Chief Justice of a High Court is unacceptable and unjust
NAJAR Calls for Public Retraction of Comments by Justice S.A. Dharmadhikari
(Asian independent) The National Alliance for Justice, Accountability and Rights (NAJAR) expresses grave concern at the comments[1] made on 12th April, 2026 by Justice S.A. Dharmadhikari, Chief Justice of the Madras High Court, at the 2nd NLIU SBA Law Conclave held at the National Law Institute University, Bhopal. Justice Dharmadhikari, while speaking on the topic of “Beyond Colonial Hangovers: Rethinking and Reforming the Western Influence on India’s Legal System”, advocated for the mandatory teaching of texts such as the Manusmriti and Arthashastra in legal curricula at Law Universities. The aforementioned texts are replete with regressive doctrines and explicitly mandate caste-based discrimination in the administration of justice. As such, NAJAR strongly believes that such texts and writings have no place in a civilized legal education system and we hope Justice Dharmadhikari will publicly retract these comments.
We acknowledge some of the seemingly well-meaning comments of Justice Dharmadhikari in other parts of his speech, where he refers to ‘freeing the Indian legal system from its colonial hangover’ or points out that purpose of legal education must be to further rule of law and empathy for common people and not merely become millionaires. However, we feel reform in legal education must deepen constitutional ethos and not be at the expense of constitutionally guaranteed principles and rights.
One of the hallmarks of the justice system envisioned by the Indian Constitution is equality before the law. Article 14 provides that “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” Article 15 further states that “The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.” In such a context, Justice Dharmadhikari’s advocacy for texts which uphold and promote caste and gender-based discrimination is not only against Constitutional principles, but also has dangerous implications for the future of ethical legal education in India, that must be grounded in constitutional morality.
It is pertinent to note that the Manusmriti has been widely condemned by scholars, including Babasaheb Ambedkar, for perpetuating a rigid caste hierarchy and gender inequality. The justice system envisioned in the Manusmriti is patriarchal and caste-dependent, with crimes as well as punishments being based on the gender and caste identities of the perpetrator and victim. It prescribes favourable treatment for Brahmins while imposing harsh penalties on Shudras and Dalits for the same offences. The text is also overtly misogynistic, stating that women have no separate legal identity and must be subordinate to men in all walks of life. It normalises domestic violence and prescribes corporal punishment for women, effectively relegating them to the same status as slaves. Kautilya’s Arthashastra incorporates the same themes of discrimination and oppression, with the justice system being based around strict enforcement of patriarchy and the caste system. Once again, harsh penalties are prescribed for ‘lower caste’ offenders while Brahmins are either exonerated or given mild sentences for the same deeds.
Considering the regressive and discriminatory nature of the texts, Justice Dharmadhikari’s statements are particularly troubling since they pertain squarely to the aspect of justice delivery. Systemic bias is an undeniable and widely documented reality in the Indian justice system. Multiple studies have shown that individuals from oppressed castes, Dalits and Adivasis face disproportionately high conviction and incarceration rates, along with high rates of custodial torture. While significant progress was made in the years since the Indian Constitution came into force, for a sitting Chief Justice of a State to suggest teaching such texts risks undoing all these advances and may further perpetuate discrimination and casteist, gender-unjust narratives within the legal system.
As the Chief Justice of one of the oldest High Courts in the country, Justice Dharmadhikari commands great influence within the legal fraternity. Thus, it is apparent why such comments, made in a higher educational institution on the topic of legal education in India, are highly disturbing and have the potential to cause irreparable harm.
We hope and trust that Justice Dharmadhikari will reflect deeply on these concerns raised and publicly retract his comments. We also hope that law universities around the country will take serious note of these concerns and refrain from introducing such texts within their curricula. For the legal system to progress and evolve in line with constitutional principles, it is imperative that law students are taught the importance of “equality before law”, rather than idealising regressive and discriminatory systems rooted in casteist and gendered oppression.
Issued by NAJAR: National Alliance for Justice, Accountability & Rights
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