Justice D.Y. Chandrachud’s Safety for Medical Professionals (tragic rape and murder case of a young doctor in Kolkata)

Justice D.Y. Chandrachud, known for his commitment to human rights and justice, recently addressed a critical issue concerning the safety of medical professionals in India. Following the tragic rape and murder of a young doctor in Kolkata, which ignited nationwide protests, Justice Chandrachud led a Supreme Court bench that took suo motu cognizance of the case. The bench, also comprising Justices J.B. Pardiwala and Manoj Misra, emphasized the urgent need to protect doctors, nurses, and other medical staff who often face violence in their workplaces.

Expressing concern over the lack of institutional safety for medical professionals, particularly women, the court highlighted that the horrific incident in Kolkata exposed broader systemic failures in the healthcare sector. Justice Chandrachud underscored that the safety and well-being of medical professionals are of national interest, noting that the nation must ensure safe and dignified working conditions for all healthcare providers, especially as more women join the workforce in critical areas of knowledge and science.

To address these concerns, the Supreme Court constituted a nine-member National Task Force (NTF) comprising eminent doctors and healthcare administrators. The NTF’s mandate includes developing recommendations to improve safety, working conditions, and well-being for medical professionals, with a particular focus on preventing gender-based violence. Justice Chandrachud made it clear that the issue of medical professionals’ safety is not just about individual protection but is essential for maintaining the integrity of the healthcare system.

The court also criticized the inadequacies in existing state legislation aimed at protecting healthcare workers, emphasizing that these laws must be supplemented with improved institutional safety standards. The NTF is expected to submit an interim report within three weeks, outlining its findings and proposed measures to address these critical issues.

Justice Chandrachud’s leadership in this matter reflects his broader commitment to upholding the constitutional values of equality, dignity, and justice for all citizens, especially those who serve on the frontlines of healthcare. see the clip

Dhananjaya Yeshwant Chandrachud: 50th Chief Justice of India

• Dhananjaya Yeshwant Chandrachud is an esteemed Indian jurist currently holding the position of the 50th Chief Justice of India, a role he has occupied since November 2022.
• He was appointed as a judge of the Supreme Court of India in May 2016. Prior to this, he served as the Chief Justice of the Allahabad High Court from 2013 to 2016 and as a judge of the Bombay High Court from 2000 to 2013.
• Additionally, he serves as the ex-officio Patron-in-Chief of the National Legal Services Authority
• As the only child of Y. V. Chandrachud, who was India’s longest-serving chief justice, he pursued his education at both Delhi University and Harvard University.
• He has worked as a lawyer at Sullivan & Cromwell and in the Bombay High Court.
• He has been involved in important court decisions, including the verdicts on the electoral bond scheme, the Ram Janmabhoomi case, privacy rights, the decriminalization of homosexuality, the Sabarimala issue, same-sex marriage, and the revocation of Jammu and Kashmir’s special status.
• Additionally, he has served as a professor at various universities, including those in Mumbai, Oklahoma, Harvard, and Yale, and has acted as the de facto Chancellor of the National Law School of India University.

Early Life and Family Background

• Dhananjaya Chandrachud was born into the Chandrachud family on November 11, 1959.
• His father, Yeshwant Vishnu Chandrachud, holds the record for being the longest-serving chief justice of India, while his mother, Prabha, was a talented classical musician who performed for All India Radio.
• He completed his early education at Cathedral and John Connon School in Mumbai and St. Columba’s School in Delhi. In 1979, he graduated with honors in economics and mathematics from St. Stephen’s College in Delhi.
• He then went on to earn a Bachelor of Laws degree from the University of Delhi’s Faculty of Law in 1982, followed by a Master of Laws from Harvard Law School in 1983.
• He received an Inlaks Scholarship, which supports Indian students studying abroad, and was also honored with the Joseph H. Beale Prize at Harvard. In 1986, he completed his Doctor of Juridical Science (SJD) at Harvard Law School, focusing his dissertation on affirmative action and examining the law from a comparative perspective.

Judicial Career and Key Decisions

Justice Dhananjaya Y. Chandrachud has had a distinguished legal career. He began his legal studies at Delhi University, later earning a degree from Harvard.

He initially worked at Sullivan and Cromwell but faced hiring biases. Upon returning to India, he practiced at the Supreme Court and Bombay High Court, becoming a Senior Advocate in 1998.

He was appointed Additional Solicitor General of India before being elevated to the Bombay High Court in 2000.

Justice Chandrachud served as Chief Justice of the Allahabad High Court from 2013 to 2016 before joining the Supreme Court. He became the 50th Chief Justice of India on 9 November 2022. Throughout his career, he has also lectured internationally on constitutional law.

In December 2023, controversies arose over case allocations, with allegations of bias in assigning politically sensitive cases. Justice Chandrachud defended his decisions, attributing some assignments to a colleague’s illness.

Participation in Constitutional Benches

Significant rulings While serving on the Supreme Court, he has participated in the most constitutional benches (with five or more judges) set up to address constitutional issues. Throughout his time at the Supreme Court, he has made decisions on various topics, including Indian constitutional law, comparative constitutional law, human rights, gender justice, public interest litigations, commercial law, and criminal law.

Right to Privacy: The Puttaswamy Case

Justice D.Y. Chandrachud played a pivotal role in the landmark *Justice K.S. Puttaswamy (Retd.) vs Union of India* case, where the Indian Supreme Court unanimously affirmed the right to privacy as a constitutionally guaranteed right. Chandrachud emphasized that privacy is integral to dignity, liberty, autonomy, and self-determination, arguing that it is a fundamental value across all rights.

Critique of the Koushal Decision and Decriminalization of Homosexuality

He also critiqued the 2013 Suresh Kumar Koushal v. Naz Foundation*decision, which upheld the criminalization of homosexuality under Section 377 IPC.

Chandrachud condemned this ruling, asserting that constitutional rights should not be subject to popular opinion and that sexual orientation is a vital aspect of privacy and dignity. His views influenced the eventual decriminalization of homosexuality in India.

Notably, he also overruled the infamous ADM Jabalpur v. Shivkant Shukla case, which was originally decided by his father, former CJI Y.V. Chandrachud.

Judgment in Arnab Goswami’s Bail Case

Justice D.Y. Chandrachud has authored significant judgments upholding personal liberty. In granting bail to Arnab Goswami, Chandrachud criticized the Bombay High Court for not evaluating the case’s merits and emphasized that criminal law should not become a tool for harassment. He underscored the principle “bail, not jail,” highlighting the judiciary’s duty to protect individual liberty and ensure the presumption of innocence.

Anticipatory Bail in Rahna Jalal v. State of Kerala

In *Rahna Jalal v. State of Kerala*, Chandrachud addressed anticipatory bail in a triple talaq case, rejecting the argument that Section 7(c) of the Muslim Women (Protection of Rights on Marriage) Act barred such bail. He emphasized that the right to personal liberty is fundamental, and any statutory exclusion of bail must be strictly interpreted.

Contributions to Gender Justice

Justice D.Y. Chandrachud has made significant contributions to gender justice, particularly in the Indian Young Lawyers Association v. State of Kerala case, where he supported women’s equal rights under the Constitution.

Sabarimala Review Case

He ruled that the prohibition of women of menstruating age from entering the Sabarimala temple was discriminatory and violated fundamental rights. Chandrachud argued that religious freedom must not override constitutional principles of equality and dignity, stating that excluding women based on physiological features, like menstruation, was unconstitutional and akin to untouchability.

Despite backlash and protests in Kerala, Justice Chandrachud, alongside Justice Nariman, dissented when the Supreme Court later referred the case to a larger bench for review, emphasizing that the original judgment’s review criteria were not met.

D.Y. Chandrachud’s personal life

D.Y. Chandrachud’s personal life includes his family, where he faced a significant loss when his first wife, Rashmi, passed away from cancer in 2007.

He eventually found love again and married lawyer Kalpana Das. Together, they have two sons and two foster daughters. In recognition of his contributions, the Harvard Law School honored him with the Center on the Legal Profession Award for Global Leadership.

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