“This principle of infallibility of state structure (and consequently of other units of power and authority) established by the British continues to survive in India even after the elimination of British power. It is true that, finding itself very vulnerable, the state structure occasionally condescends to consider the complaints of those protesting after they agree to suspend or abandon their protests. Thus, while the reality of the principle of infallibility has been more or less abandoned, the rules, the codes and the laws which enshrine it stay. And it is these latter that appear to provide the state system its real legitimacy and sanctity. Such a state of affairs has led to a most dangerous situation. It not only keeps intact the distrustful, hostile and alien stances of the state system vis-à-vis the people, but also makes the latter feel that it is violence alone which enables them to be heard”. —Acharya Dharampal, Essential Writings of Dharampal, Compilation and Editing by Geeta Dharampal, Publications Division, Govt of India, New Delhi, 2015, P 162
Last year, while addressing the nation on Independence Day, Prime Minister Narendra Modi gave a call for Panch-Pran (five resolves) with particular emphasis on getting rid of all residues of colonialism to be a developed nation by 2047. Even during the debate on the no-confidence motion in the Parliament, PM talked about the age of drastic transformation that will impact the next millennia. At that time, many either did not get the substance behind it or did not take it seriously. If we take the follow-up actions of that call, we get some indications, if not a complete picture. The way Government designed and implemented the National Education Policy was the beginning of the process, as education was the key instrument of British colonisation. Now the two decisions announced and set in the process this week have a firm direction for the more extensive and accelerated decolonisation.
After education, the legal structure was the second most crucial instrument of European colonisation. From 1860 onwards, British Parliament introduced the Indian Penal Code (IPC), the Criminal Procedure Code (CrPC), and the Evidence Act. These codes became the tools for establishing the colonised State machinery. Since then, the criminal justice system has been based on British laws and European ideas of jurisprudence. From the categorisation of specific communities as criminals (though most of those provisions have been repealed or amended, the social stigma continues) to the Sedition Act, the colonial masters created the legal structures to suit their needs, mainly to control and rule the ‘colonial’ masses with the approach of ‘White Man’s Burden’. Introduction of the three bills proposed on August 11, 2023, as Bharatiya Nyaya Sanhita (BNS, to replace the Indian Penal Code), the Bharatiya Nagarik Suraksha Sanhita (BNSS, to replace the Code of Criminal Procedure), and the Bharatiya Sakshya Bill (to replace the Indian Evidence Act) is the significant departure from these colonial laws in letter and spirit.
The colonial regime of the criminal justice system has been under scrutiny right from Independence. From time to time, various Governments also made some amendments to these colonial laws. Time and again, the Laws Commissions observed the need for fundamental changes in the age-old colonial laws to ensure effective and efficient justice delivery. For instance, the Eighteenth Law Commission insisted on the need for speedy justice and recommended suitable amendments in the CrPC Sections 378, 397 and 401. Still, no Government earlier, even with the thumping majority, either thought or dared to make the overhaul alterations. The Modi-led NDA Government prepared for this gigantic task for years without making much noise. The inputs of Supreme Court and High Court Judges, 20 law universities, State Governments, former and present Director General of Police, 40 senior Members of Parliament etc., were considered in the process. Various Law Commission Reports and their recommendations were also taken into consideration. Still, without hurriedly going into the acts, the Government has decided to send it to the Parliament’s Standing Committee.
Some crucial proposals in these bills are stringent punishments for crimes against women, Love-Jihad-like crimes, and mob lynching. The Sedition Act will be replaced with provisions for criminalising the promotion of secessionism, separatism and armed rebellion, and other ‘subversive activities’ and ‘endangering the sovereignty, unity and integrity of India’ etc. So instead of Raj-Droh, Desh-Droh will be the crime. The act of terror is defined, and as per the new bills, all information-technology-based evidence will be considered valid. The zero First Information Report (FIR), along with the necessary sections, can be registered anywhere in the country and will be transferred to the concerned police station within fifteen days is again a relief for an ordinary citizen. The ambitious task of making the judicial system paperless by 2027 is another significant initiative. The most important proposal is regarding the time-bound delivery of justice. These bills also intend to address Tarikh pe Tarikh (Date after Date) kind of scenario and the growing pendency of the cases. The police department has to file a chargesheet in 90 days, which is extendable for 90 more days in exceptional cases with the court’s permission. After the arguments, courts are supposed to deliver a verdict within 30 days. And total period for this entire process cannot be more than three years.
Not punishment, but the delivery of justice with a more sensitive, responsible and participatory approach seems to be the primary thinking behind this decolonisation of criminal codes. Naturally, some vested interests, including anti-Bharat forces, would be upset with this and should be exposed. As the Standing Committee will discuss the bill, we need a more in-depth discussion in light of our national ideas of jurisprudence.
Economic exploitation and destruction of the indigenous industry was another instrument of British colonisation. Bharat, which used to have more than 25 per cent share of the world GDP till the 18th Century, was reduced to a meagre two per cent share by 1947, thanks to British policies. The Swadeshi models were destroyed, and skilled, self-sufficient, self-employed artisans were forced to migrate to urban centres to be labourers of the new capitalists.
The Western imitation in the name of socialism and then the market economy did not address the fundamental problems of the Bharatiya economy. The artisan communities and their innovations and ability to develop cooperative entrepreneurship have been the natural strengths of the Bharatiya economy that sustained as clusters despite the adverse policies. The worshipping deity of these artisan communities is Bhagwan Vishwakarma. Recognition of their art, dignity and creating opportunities for their products with market access is the pre-condition for the AatmaNirbhar Bharat. The philosophy behind the Vishwakarma Scheme, earlier announced in the budget and now approved by the cabinet, is restoring the backbone of the Bharatiya model of wealth creation. Artisans from 18 categories will get financial support, skilling upgradation, certification, and digital and market access opportunities.
Though delinking the skilling process from the formal education system, which is more literary in approach, is a positive step forward, more than a mere introduction of the policy would be necessary. The complete dissociation of the intellectual class in the country from the original industrious Bharat is the root cause of the problem. The actual engineers of Bharat reside in these clustered communities. Reviving the familial training or Guru-Shishya Parampara will be the real challenge in making this model functional. We will have to orient our engineering institutions towards the skilled clusters, not to teach but to learn the sustainable instrumentation and wealth creation model. That would be the honest effort to reconnect with the real spirit of Swadeshi.
Swadharma, Swabhasha, Swadeshi and Swaraj were the foundational pillars of our freedom struggle. We attained Swaraj in 1947, but in the intellectual sense, the other three elements of Swa (selfhood) were neglected and negated. True decolonisation will occur when the academic and systemic connection with the Bharatiya ethos is re-established. In this process of decolonisation, new bills on the criminal justice system and the Vishwakarma Scheme can prove to be a leap forward.
Leave a Comment