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‘Indianizing’ the Legal System - Coggle Diagram
‘Indianizing’ the Legal System
What is the news?
Adherence to alien colonial legal system is detrimental
He urged for decolonizing the Indian legal system
He cited great legal traditions as per Manu, Kautilya, Katyayana, Brihaspati, Narada, Parashara, Yajnavalkya
Justice S. Abdul Nazeer
Background
We no longer need the crutches of a foreign legal order
We have to build up our own jurisprudence
Judicial thinking is constricted by reference to the laws prevailing in England
1986: CJI P.N. Bhagwati in the M.C. Mehta Case
Indianization of Judiciary
To provide greater access to justice to the poor
Adaptation to the practical realities of our society
CJI N.V. Ramana called for the “Indianization”
Major suggestions by CJI
Procedural barriers often undermine access to justice
Environment should be comfortable for the litigants
Make justice delivery more transparent, accessible and effective
CJI gave thrusts to alternate dispute mechanisms
Simplification of justice delivery should be our pressing concern
Recent moves of Indianization
Several judgments took reference of works by Manu and Kautilya
Reference to Indian texts such as Arthasastra
Public Interest Litigation
Kautilya on Right to Privacy
General principles laid under Art. 141, 142
Limitations
Notions of purity and pollution
Revivalist tendencies
Regressive texts ex. menstruating women not allowed in Sabrimala Temple
Way forward
Justice delivery should be made simple
Ordinary citizens should not be scared of judges or the courts
Time for courts to wake up