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A thought-provoking & engaging session on ‘Enhanced Role for Women in Indian Legal System – Plan of Action’ hosted by Akhil Bharatiya Adhivakta Parishad in its National Council Meeting, 2021 in Hyderabad. The session was chaired by Justice Dr. G Radha Rani, Judge, Telangana High Court.
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 judge Justice S Abdul Nazeer.
He was speaking on the topic 'Decolonisation of Indian Legal System.
He added that it will take a lot of time but the effort is worth taking. 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 on the topic 'Decolonisation of Indian Legal System.
Justice Nazeer said that the 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, the 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.”
“I am convinced that the colonised legal system is not fit for India & its people. It’s the time now we have an Indianised legal system that is rooted in Indian social & cultural ethos, Justice Nazeer said.’
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.
Akhil Bharatiya Adhivakta Parishad has also announced the names of its new national office-bearers for a three-year term, Shri K Srinivas Murthy, President, Shri D Bharat Kumar, Gen Secretary, Shri Chunni Lal Arora, Treasurer.
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