Dressed in decolonial garb, India’s new Lady Justice is a contradictory symbol

The presentation at the Supreme Court on October 15 of a modified statue of Lady Justice, stripped of her bandage and sword, represents a worrying departure from universal principles of justice under the guise of decolonization.

The symbolism of Lady Justice is not a colonial imposition. Rather, it is a representation of judicial principles that have resonated through civilizations. Its origins go back to the ancient Egyptian goddess Maat and the Greek goddess Themis. The Romans later depicted her as Justitia, incorporating elements that would evolve into the familiar figure recognizable today.

The removal of the blindfold, in particular, raises serious concerns about the message it conveys about judicial impartiality. The blindfold was never meant to suggest that justice is blind in the sense of being unaware or ignorant. Rather, it symbolizes the fundamental principle that justice should be administered without regard to the social status, wealth, or political influence of those who seek it.

To say that justice is blind means that all individuals are equal before the law, a principle enshrined in Article 14 of the Constitution of India.

Instead, are you now suggesting that courts should consider who is presenting them? That the administration of justice must be influenced by considerations beyond the facts and the law? This symbolic change could be interpreted as a tacit acknowledgment that the justice system may treat individuals differently based on their identity or status.

Replacing the sword with the Constitution, while seemingly progressive, also raises philosophical concerns. The sword in Lady Justice’s hand never represented just retributive justice: it symbolized the authority and power of the law to enforce its decisions.

Without this symbol of execution, what remains is a justice system that can issue sentences but lacks the symbolic representation of its power to ensure compliance. The Constitution, although it is undoubtedly the supreme law of our land, is a document of principles and rights; it does not represent, in itself, an execution mechanism.

This modification seems to combine anti-colonialism with the rejection of universal principles. Ironically, the principles represented by the traditional Lady Justice – equality before the law, impartial trial and the power to enforce justice – were often invoked by independence movements against colonial powers. These principles are not colonial impositions but universal aspirations that have been accepted by societies seeking to establish fair and equitable legal systems.

The argument that this change reflects a “new India” is particularly problematic. What exactly does this new vision of justice suggest? What will be administered with eyes wide open to the party that appears before the court? That the execution of sentences is secondary to constitutional principles? These implications run counter to the progressive justice system that India should strive to build.

Lady Justice’s modification also raises questions about the decolonization approach. True decolonization involves critically examining and rejecting harmful colonial impositions while upholding and strengthening universal principles that promote justice and equality. By rejecting the blindfold and the sword simply because they are associated with a colonial-era representation, we risk throwing away fundamental principles of justice in our haste to assert independence.

As we move forward, it is crucial to remember that symbols matter. They shape public perception and understanding of our institutions. The traditional Lady Justice, with her blindfold and sword, represented not colonial oppression but the highest aspirations of any justice system: equal treatment under the law, impartial trial, and the power to enforce justice. By altering these symbols, we may be inadvertently signaling a retreat from these essential principles.

The focus must be on ensuring that the justice system truly embodies the principles that Lady Justice stands for: principles that are not colonial relics but universal aspirations that are as relevant today as they were millennia ago.

Karanveer Singh is an advocate and founder of South Asia Law Chambers.