Many laws in India are still forerunner of the British colonial system. Decolonisation of the country’s legal system is a constitutional mission, Supreme Court judge Justice P S Narasimha has said, backing Chief Justice of India N.V Ramana’s has mentioned about about the need to do away with colonial laws and practices.
“The other day I saws a news report in which the Chief Justice said that Indian judicial system is affected so much by colonialism. That is where it actually struck me that decolonialisation is actually a constitutional mission for us. And I could immediately connect myself to the vision the Hon’ble Chief Justice had mentioned and large number of laws, large number of interpretations that we have suffered over 70 years, require a re-look,” he said, adding that this will give a new perspective.
Justice Narasimha last month was speaking at a felicitation function in honour of the CJI and judges of the Supreme Court organised by the Lady Advocates of the Supreme Court of India.
On September 18, speaking at an event organised by Karnataka State Bar Council, CJI Ramana had made the call for Indianisation of the legal system.
“Very often our justice delivery poses multiple barriers for the common people. The working and style of courts do not sit well with the complexities of India. Our systems practise rules being colonial in origin may not be best suited to the needs of Indian population. The need of the hour is the Indianisation of our legal system,” he had said.
Of recent example is of Sections 377 and 124A of the Indian Penal Code highlight how the British left their stamp upon India’s criminal law in a manner entirely inconsistent with a democratic, constitutional republic.
The society has evolved since the time of legislation of some of the laws. Legal infrastructure in India too need to evolve to match international best practices to support the growing pace of litigation inclusive of changes in the society. Parliament must take stock of the IPC for the first time in its 156-year history.
Most major Indian laws are legacies of the British, the results of a great codification movement that failed to make much headway in the colonial metropolis, and therefore chose India as its laboratory. Apart from the Indian Penal Code or IPC (1860), there is the Indian Evidence Act (1872), the Indian Contract Act (1872), the Transfer of Property Act (1882), the General Clauses Act (1897), the Code of Civil Procedure (1908), and — until its overhaul in 1973 — the Code of Criminal Procedure (1898). Crime, contract, property, and legal procedure — the bastions of any legal system — have come down to us, in 2016, largely preserved since the time of their inception.
SEDITION CASES AND CONVICTIONS
According to the National Crime Records Bureau (NCRB), 47 cases of sedition were filed in 2014. Chargesheets were filed against 16 accused while just one person was convicted.
In 2015, 30 sedition cases were filed, and 73 accused were arrested but no one was convicted by the court.
In 2016, one person was convicted for sedition while 35 cases were filed against 48 accused.
In 2017, 51 sedition cases were filed, 228 accused were arrested, and four persons were convicted.
In 2018, two persons were convicted by court for sedition while 56 people were booked in 70 cases.
In 2019, 93 sedition cases were registered against 96 people. Two were convicted of sedition.
While interpreting the laws, the judiciary has to take into account shifting societal norms and changing requirements of the people. Further, the judiciary must ensure that while interpreting colonial laws which were made in adherence with the societal norms that existed at the time they were enacted, changes in domestic as well as international aspects of the society must be taken into account.
British India Laws
- The Hindu Widow’s Remarriage Act, 1856: The Hindu Widows’ Remarriage Act, 1856 legalised the remarriage of Hindu widows on 16th July 1856. This act also provided all the rights and inheritances to all the windows that they have had at the time of her first marriage.
- The Societies Registration Act, 1860: An Act for the Registration of Literary, Scientific and Charitable Societies
- Indian Penal Code, 1860
- The Indian Contract Act, 1872
- The Negotiable Instruments Act, 1881
- The Transfer of Property Act, 1882
- The Indian Telegraph Act, 1885
- The Age of Consent Act, 1891
- The Ancient Monuments Preservation Act, 1904
- The Indian Forest Act, 1927
- The Hindu Inheritance (Removal of Disabilities) Act, 1928
- The Child Marriage Restraint Act, 1929
- The Indian Sale of Goods Act, 1930
- The Indian Partnership Act, 1932.
- The Foreigners Act 1946
