Who Does the Law Protect?

Fr. Gaurav Nair Fr. Gaurav Nair
30 Mar 2026

Some days ago, a social media post coerced someone to attach a rejoinder that the khakhi shorts of the highest judicial chair of the country were peeking out. His Lordship is not the only jurist attracting such comments. The Supreme Court of India's continued disinclination to amputate an ostensibly unconstitutional Constitution Order lends some credence to such theories.

The recent judgment of the Supreme Court to continue the marginalisation of those in the peripheries based on their religious identity is revelatory in itself. The learned arbiters who claim the intelligence to settle disputes are unable to perceive the discrimination that has steeped itself into the social composition and adjudicate in favour of those in need.

They didn't have to go into the field and study the matter; commissions have done it before, and one is in limbo. It would have sufficed to tally the number of cases within the judiciary which have been raised against caste discrimination of Christians and Muslims to realise that the matter is of much graver concern.

The oft-exploited favourite excuse of the non-indigeneity of Christianity and Islam falls irrelevant when we realise that these religions themselves have absorbed the characteristics of the subcontinent into their practices. Which means, unfortunately, they have also imbibed the long-standing social hierarchy into their systems, regardless of their ethos or message.

It fails to make sense from a moral standpoint for those oppressed to be fettered with punitive consequences. It would just seem that the judiciary just wants to keep entrenched the inhuman behaviour that has been a part and parcel of the social scene. This raises the question: Whom are they trying to please by keeping a relic of an unenlightened age, when the government is running helter-skelter to erase a far more recent past?

One is told, almost as a matter of habit, that the Court is bound by text, by precedent, by the careful discipline of interpretation. But the text (the Order) in question does not descend from some sacred plane. It is a product of its time, shaped by majoritarian pressure, and preserved through a reluctance to confront its consequences. To treat it as beyond moral scrutiny is to mistake endurance for legitimacy.

There is also a curious selectivity at play. The law has found ways to expand, reinterpret, and bend when questions of economic policy, executive power, or institutional privilege arise. Yet when it comes to those at the bottom of the social ladder, the same law suddenly hardens, citing limits, drawing lines, invoking restraint. The elasticity disappears precisely where it is needed most.

The argument that conversion severs caste is, by now, a polite fiction. It survives because it is convenient. Anyone with even a passing familiarity with village life, with burial grounds divided by denomination and caste, with marriages quietly policed, with congregations segregated by surname, knows otherwise. The Court's insistence on this fiction does not erase these realities; it merely chooses not to see them, much like it refuses to acknowledge the canard of forced conversion even though there hasn't been a single conviction.

What follows is a peculiar form of punishment. A person leaves one fold, often in search of dignity, and is told that in doing so, they have forfeited the very protections designed to shield them from indignity. It is a neat arrangement: society continues as before, but the law withdraws its recognition.

Recent Posts

Contrary to judicial relief, the Supreme Court has reaffirmed that Dalit Christians lose Scheduled Caste status upon conversion, sustaining a controversial 1950 order and deepening anxieties over equa
apicture John Dayal
30 Mar 2026
The recent verdict of the Supreme Court of India on whether Dalit Christians can claim Scheduled Caste status would have been less troubling had it merely erred in law. What makes it profoundly disqui
apicture A. J. Philip
30 Mar 2026
Justice delivery in India depends equally on the judiciary and the executive, yet systemic failures, such as case backlogs, overuse of stringent laws, and prolonged detentions, undermine liberty and f
apicture Jacob Peenikaparambil
30 Mar 2026
The Allahabad High Court's recent ruling in the case involving Rev. Father Vineet Vincent Pereira has sparked significant debate. The court refused to quash proceedings under Section 295A of the India
apicture Special Correspondent
30 Mar 2026
Commemorating Oscar Romero's martyrdom is recalling his fearless defence of the poor, his call to resist injustice, and his sacrifice. It challenges India today to confront oppression, uphold truth, a
apicture Cedric Prakash
30 Mar 2026
Withdrawing futile treatment is not euthanasia but an ethical, lawful act grounded in dignity and autonomy, supporting living wills and compassionate end-of-life care. Misleading words like "passive e
apicture J Charles Davis
30 Mar 2026
In the present context of growing ineffectiveness of the United Nations to curb international conflicts and its failure to provide international peace and security, and in the face of unilateralism of
apicture G Ramachandram
30 Mar 2026
Your tenth stage Is denial: The washing of hands In the blood of semantics.
apicture Dr Suryaraju Mattimalla
30 Mar 2026
The current budget for 2026-27 signals a renewed commitment to urban development, earmarking INR 1 billion (?1 lakh crore) for the 'Urban Challenge Fund' with the ambitious goal of transforming cities
apicture Fr. John Felix Raj & Prabhat Kumar Datta
30 Mar 2026
Perhaps what we need is a small board outside every office of authority. A simple reminder. "You are here temporarily. Please do not disturb permanent memories."
apicture Robert Clements
30 Mar 2026