Chief Justice of India, D Y Chandrachud, emphasized the pivotal role of identity in influencing individuals' access to resources and their ability to voice grievances and demand rights. Delivering the keynote speech at the 36th 'LAWASIA' conference, he explored the theme of "Identity, the Individual and the State - New Paths to Liberty" in the context of the digital age and the intricate interplay between Artificial Intelligence (AI) and personhood, as reported by PTI.
Addressing the ethical dimensions of AI, the Chief Justice raised fundamental questions about whether all living beings, including human-robots like Sophia, should be entitled to personhood and citizenship based on their identity. He underscored the need for philosophical reflection and practical considerations in navigating the uncharted territories shaped by AI.
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Touching on the persistent influence of the caste system, he highlighted its impact on contemporary socio-economic and political landscapes, emphasizing that it goes beyond historical inequality. The Chief Justice drew attention to reports, including those by the Justice Ranganath Misra Commission, which outlined the widespread abuse faced by marginalized communities, emphasizing the urgent need for affirmative action to address deeply rooted discrimination.
Reflecting on liberty as the ability to make choices and change life courses, Chief Justice Chandrachud explored the intersection of identity, agency, and life choices. He challenged traditional notions of liberty, arguing that the State's role in perpetuating social prejudices cannot be ignored. The Chief Justice contended that communities with social and economic capital may exercise dominance when the state does not intervene, perpetuating historical marginalization.
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Drawing on the ideas of philosopher John Stuart Mill, he discussed the historical struggle between liberty and authority, emphasizing the need for citizens to control government tyranny. The Chief Justice summarized the concept of liberty with the phrase: "Your right to swing your fist ends where my nose begins."
Addressing challenges faced by people with disabilities, he criticized the current system that requires individuals to obtain a certificate of entitlements under the Right of Persons with Disabilities Act of 2016. He argued that this approach has led to the creation of benchmarks that may exclude many disabled individuals, distracting from the broader goal of creating accessible infrastructure and inclusive education and employment sectors. The Chief Justice called for a shift away from viewing people with disabilities as exceptions in need of state rescue, advocating for a more comprehensive and inclusive approach.
