Quite recently the Chief Justice of India unveiled the statue of Lady Justice, notably without the traditional blindfold. This change marked a historical shift from the western thought to a modern approach prompting us to reflect on the Indian outlook of justice. Blending ancient philosophical wisdom within modern legal frameworks, the new statue serves as a potent symbol of change in the manner in which the Indian society perceives justice.
Justice: More Than Formality
Justice is not only a legal compulsion or sophistication but a foundation of human society. The idea of justice encompasses the evergreen virtues of righteousness, morality and fairness which are cornerstone of modern civilisation. When one looks at the classic statue of Justice, we are reminded of the ideal principles of justice that underline the legal system.
Art and iconography have long been used to portray complex ideas in a manner that can be easily conveyed to anyone. Iconography serves as a powerful tool to make ideas accessible to all. The depiction of justice that we know today has been instrumental in shaping the abstract and philosophically intricate ideas of justice and the Rule of Law into a more concrete and comprehensible form. The statue of Justice serves as a pictorial prompt not only to law makers or judges but also to the general public by placing poetic assurance in them about the need for ethical conduct and fairness. The depiction of justice functions as a conduit between philosophical ideas and practical understanding. Philosophical idea of justice embodies fairness, equality, morality, and the rule of law which are not often understood by the average individual and are therefore often difficult to articulate. Visual art transcends linguistic and literacy barriers enabling people from diverse backgrounds and languages to understand and connect with the ideals of justice. In this way, iconography ensures that these principles remain enduring. Statue of Justice serves as a visual reminder and symbol of humanity’s collective desire for justice, morality, and a fair and equitable society fostering public confidence in the judiciary.
Deconstructing the Iconography of Lady Justice
The statue of Lady Justice is a representation of Roman Goddess Justitia. Justitia is the Goddess of justice (it is pertinent to point out that the word Justice has its root in the Latin term “Justus” or “Justia”) who is depicted wearing a Toga, a Greco-Roman garment, brandishing scales and a sword, symbolizing fairness and the power to enforce justice. She is often shown blindfolded, signifying impartiality—”justice without bias”.
The Roman mythological depiction of justice is akin to the Greek Goddess Themis, Goddess of divine law, order, and natural justice. Goddess Themis is also seen carrying scales, she also holds a Cornucopia, symbolizing abundance and the rewards of just rule.
According to some legends, it is said that Goddess Themis counselled and rendered wisdom to the Olympians during the Titanomachy War. Later, Justitia became a personification of Roman law itself, particularly throughout the Republic and Imperial periods. Statues of Justitia were installed in courthouses and public spaces, to reinforce this idea of justice as a vital pillar of Roman legal system. Blindfolds to the statues of Justitia were added later in the Renaissance period to depict impartiality (‘justice without bias’).
Cultural variations in understanding of justice
Over the course of human history, different civilisations have depicted the notion of justice in different ways, creating a rich tapestry of symbolism that reflects both universal values and unique civilizational identities. This is why the famous portrayal of a blindfolded Lady Justice, popularized by Europeans, seems alien in India. The Indian understanding of the law is unlike the Western understanding. The Indian understanding of the law has its origin is in ‘Rta’ (cosmic order) and ‘Dharma’ (the rule of law and life). Rta is a Vedic legal concept which may be described as the law of nature or the symphony of cosmic order. According to P.V. Kane[i], Rta furnishes three aspects of law: it is imperative, independent and the force that motivates an individual to act in conformity with it.
Indian way of justice
In ancient India, kings were seen as the ultimate dispensers of justice entrusted with the sacred mission of maintaining moral and social order. Their governance was directed by texts and writings like the Dharmashastras and Arthashastra, which laid down a Rulers’ responsibilities, including their rights and duties. The Courts of Law were presided over by the King along with his Council of learned advisers. These Courts served as forums for conflict resolution, ensuring that judgments were made in accordance with justice, prudence, and ethical principles. The King solely judged those who came before him. He was the highest court of appeals, while subordinate tribunals of justice initially tried cases. The king’s throne or seat symbolised a King’s obligation to uphold Dharma (righteousness) and ensure the rule of law. “Let the king or his ministers transact the business on the bench”.[ii]
One of the notable example, with reference to the above could be highlighted from the mighty Gupta Empire. According to some Gupta inscriptions[iii], Court proceedings were held in the Adhikaraṇamaṇḍapa, an office where land transactions were resolved, and Bāṇ[iv] was described as a court of justice [v]. The court was presided over by a Adhikaraṇika (Judge), who was assisted by several Niyuktahs (other Officials and Jurors). The Śreṣṭhin (Head of the Guilds) and the Kāyastha (Clerk) also acted as assessors, with the Kāyastha responsible for recording the proceedings[vi].
Having established the cultural and historical context, it may be understood that the challenge in portrayal of justice in India is multifaceted. It is not just with the physical appearance of justice such as the western attire which makes the idea of justice feel foreign, but also the broader, often overlooked aspect of the very idea justice being vastly different. The blindfolded Justitia manifests the objectivity of law yet her blindfolds unknowingly may imply the insensitivity of law, that may not resonate with the Indian understanding of justice. According to Brishspati, a king is duty bound to be equitable, reward litigants and pass a just sentence.[vii] To fulfil his duty, he must perceive and understand all sides, using our senses, knowledge, and reasoning to uncover the truth. It is a well-known fact that Investigative bodies and Courts rely on what they observations and inquiries, which further makes the portrayal of Lady Justice with blindfolds appear distant and disconnected from the realities of law enforcement especially in regards to the Indian context. This portrayal of Lady Justice may also seen as a reason for the proverbs and idioms like “law is blind” or “kanoon andha hai” that found their way into our common conversations emphasizing the challenge of achieving justice when it cannot “see.”. Movies like Andhaa Kaanoon (transl. Blind Law) 1983 points out the difficulties in enforceability of law, thereby pointing out its poor application as opposed to the real idea.
Indian thoughts of school, particularly through the lens of the Nyaya School of philosophy, presents a more engaged and participatory approach to justice. Although “Nyaya” has dual meaning in Sanskrit, it primarily connotes logic and in larger context it translates to Justice or Dharma. The term “Dharma” has variety of interpretations. Its root term is “dhri” which means to sustain or to hold. Therefore, Dharma is that which holds or sustain a falling man. According to Manu[viii], law or dharma is an order of human behaviour. It can be therefore said that one cannot access justice without logical thinking. Utilising this Indian context, it may be implied that the justice is not blindfolded but instead deeply aware and perceptive. The “Nyaya Sutra”, which is credited to the Sage Gautama, while emphasizing on the use of logical reasoning and the human senses to ascertain truth, observed that reasoning is the means for arriving at truth[ix]. Unlike the passive neutrality illustrated by the blindfold in western iconography, Indian thought on the contrast, necessitates careful observation and critical thinking to arrive at conclusions. Gautama’s Nyaya Sutra defines the means of attaining knowledge of a given fact through perception; inference; verbal testimony; comparison; presumption and non-apprehension “mimasma” (reflection or critical investigation). It is pertinent to highlight that in the Roman depiction post Renaissance the blindfold on Lady Justitia was meant as a satire to reflect the blindness of Justice to the injustices done before her. Notably, few Courts in such as in London, the Lady Justice statue atop the Old Bailey is not blindfolded.
In Hindu mythology, justice has never been portrayed as blindfolded. Deities like Varuna, the God of Rta (moral law and cosmic order), Shani, the God of Karma and Yama, the God of Death and Dharma that forms the pantheon of justice are known to be judging humans on scales of their deeds. Notably, none of these deities are depicted as blindfolded, reinforcing the notion that in order to be able to do justice one requires full awareness.
The Meaning of Scales and Other Symbols of Justice
The scales as a symbol of justice has long being used across various cultures. In Ancient Egypt, during 2510-2370 BCE the then vizier were called the Priests of Ma’at and the judges wore sober with symbols of Ma’at. In the Duat (underworld) Ma’at, the goddess of truth and justice weighed on a scale the deeds of the dead. She is shown carrying scales to weigh the hearts of the dead against a feather to determine their fate in the afterlife. This ancient idea laid the foundation for the symbol of scales as an objective gauge of one’s actions. In Chinese mythology, Yin Zhi, the God of justice, is depicted with scales to weigh the merits of a case.
In both the Roman and Greek iconography, Justitia and Themis places her foot either on books or on scrolls symbolizing that legislation or knowledge is the foundation of law and that justice is built upon established laws and principles. It also transmits the idea that justice has power over the law which implies that the ideals of justice are not subject to wether they are formally codified/written or not. Similarly in the Hindu understanding, the law is eternal and it need not to be written. Manu defines law as the natural and divine order governing human behaviour, establishing inherent rights and duties that arise from nature rather than external imposition[x] However as per Hindu philosophy, one must never place a foot on tents and that the books are never placed on the ground. The idea behind this being that knowledge is sacred and is a path to liberation.
The unsheathed sword in Justitia’s hand symbolizes the authority of the law and ability to enforce justice. It showcases the power of court to implement its rulings, uphold the law of the land, and punish perpetrators. The two-edged sword signifies that justice can cut both ways. The underlying idea is that justice works in favour of the innocent or against the wrongdoer depending on the circumstances. This concept aligns with the Indian understanding in which sword represents swiftness. Justice must be timely and swift as delayed justice is a harbinger of injustice or lawlessness.
The Hindu pantheon of justice carries staffs, swords or symbols of enforcement, illuminating power to enforce law and order. Even Yin Yang are depicted with a staff. It can be said that weapons are descriptive of power to punish. According to Kautilya, the “Danda” or punishment is essential to maintain law and order, as it plays a crucial role in governance and administration of the State. Through the concept of giving a Danda, the king ensures that justice prevails, and social harmony is maintained in the society. “When the keepers of law are asleep, it is punishment (Danda) that rules”[xi].
The New Indian Icon: Meaning of the Modern Statue
Although justice has various meaning like righteousness or impartiality The notion differs with time to place. The new statue of Lady justice is not only a reflection of aesthetic change bought in the Supreme Court but offers a deeper commentary on how Indian civilisations have conceived and applied the concept of fairness. It is pertinent to highlight that as India strives to forge its unique identity in the global legal framework, it is essential to remember that justice is not static. It evolves alongside the societies it governs.
The recently unveiled statue of Lady Justice is in Indian attire which signifies that the concept of justice is not a foreign imposition but is congruent with Indian thought. She is depicted without a blindfold which stands as a significant departure from traditional Western portrayals, embracing the Indian understanding of law & justice. Retaining the essence of the Justitia archetype, reflecting the importance of a balance in the evaluation of evidence. Notably, the new statue lacks a sword or staff symbolising the challenges faced in enforcing justice in India and highlighting the complexity of its enforcement. Instead of holding symbols depicting weapons of authority, she is portrayed holding the Constitution of India, representing the India’s highest legal framework. The idea of justice transcends any written law. The statue further also depicts that the Constitution may evolve or even change, but the underlying principles of fairness, righteousness and rule of law which are the true essence and nectar of justice remain immutable.
Conclusion
The new statue of Lady Justice represents a modern legal figurine and a synthesis of India’s ancient philosophical traditions. By removing the blindfold from the iconography, it asserts that justice in India is not passive or detached from the realities of the world around. Rather it is fully engaged, aware, and aligned with the cultural ethos of fairness. The new iconography serves as a prompt to us that justice, though universal, must be in tune with the unique experiences and values of particular society.
The newly exposed statue allows reinterpretations, especially in the absence of a sword or staff. This omission invites for need of “Shastra” (law) and “Sastra “(power) in a single image. I believe that a four-armed depiction of justice could best embody the essential elements: the sword of enforcement, the scales of balance, and the Constitution. Such a depiction bridges the gap between India’s past and present thereby, reaffirming the notion that is a fundamental principle that transcends borders.
[i]P.V. Kane, History of Dharmasastra Vol. 1 (2020)
[ii] Vasishtha. (n.d.). Manusmriti (G. Buhler trans., Manusmriti)
[iii] N.C. Tyagi, An Ancient Indian Court in Session, 22 Proc. Indian Hist. Cong. 129, 129–134 (1959)
[iv] Bāṇa, Kādambari (R.D. Karmarkar trans., Kādambari) (1927)
[v] Bāṇa, Supra Note 4
[vi] N.C. Tyagi Supra Note 3
[vii] Jolly Julius, The Minor Law Books, Part-I-Brahspati 1,36 (M. Banarasi class, Delhi trans.,) (1969)
[viii] Patrick Olivelle, Manus Code of Law: A Critical Edition and Translation of the Manava Dharmasastra, Oxford University Press 2005.
[ix] Buhler, George, The Sacred Laws of the Aryas, Part I Gautama (trans), Oxford Clarendon Press 1969 X1, 1
[x] Patrick Olivelle, Supra Note 8
[xi] Kautilya, The Arthashastra (L.N. Rangarajan trans., Penguin India) (2000)
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