Justice Nazeer said the legal system left behind by the British is not suitable for the Indian population and Indianisation of the legal system is the need of the hour.
The Indianisation of the legal system in the country is the need of the hour as the system left behind by the British is not suitable for the Indian population, said Supreme Court Justice S Abdul Nazeer.
He added that it will demand a lot of time and effort but it’s worth it as the current system is alien to the great cultural and social heritage of great Indian civilisation.
“There can be no doubt that this colonial legal system is not suitable for the Indian population. The need of the hour is the Indianisation of the legal system. Even though it may be an enormous and time-consuming effort, I firmly believe that it may be a worthy endeavour which could revitalise the Indian legal system and align it with the cultural, social and heritage aspects of our great nation and ensure much more robust delivery of justice”, Justice Nazeer said.
He was speaking in Hyderabad on Sunday (December 26) on the topic 'Decolonisation of Indian Legal System' at the 16th National Council Meeting of the Rashtriya Swayamsevak Sangh (RSS)-inspired Akhil Bharatiya Adhivakta Parishad.
Justice Nazeer said that ancient Indian legal system was very evolved and refined but the British ingrained in us that India never had the rule of law. The reality was even the kings were bound by laws.
Reflecting on the ancient Indian legal jurisprudence, Justice Nazeer said, “In criminal trials, accused could not be punished unless his guilt was proved according to law and in civil cases, the trial consisted of four stages like any modern trial – plaint, reply, hearing and decree. Disputes were decided in accordance with the same principles of natural justice which govern the judicial process in modern State today. Doctrines such as res judicata (prang nyaya) were prevalent in ancient Indian jurisprudence.”
Earlier, in September this year, CJI Justice NV Ramana had called for Indianisation of the legal system as the colonial system was not fit for the Indian masses.
“Very often our justice delivery poses multiple barriers for the common people. The working and the 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”, CJI Justice Ramana had said.
Explaining what does he mean by Indianisation, CJI Ramana had said, “When I say Indianisation, I mean the need to adapt to the practical realities of our society and localise our justice delivery systems. For example, parties from a rural place fighting a family dispute are usually made to feel out of place in the court. They do not understand the arguments or pleadings which are mostly in English, a language alien to them. These days, judgments have become lengthy, which further complicates the position of litigants. For the parties to understand the implications of a judgment, they are forced to spend more money.”
Justice Nazeer also said that the Western philosophies must not be neglected but the foundation of our legal education must be the study of Indian jurisprudence.