Wednesday, 28 January 2015

A Note on Law in India



A friend recalled something a friend of his had said on hearing how Joseph K, the protagonist of Kafka’s The Trial, waited outside the court not knowing what his crime is: “Why? Didn’t he know anyone inside?!” This anecdote is of course more than an anecdote. 

Law is not a source of paranoia about the loss of freedom in India. Nor is it a primary source of reassurance about why order exists in India. Indeed, law more commonly seems a pliable phenomenon: I know someone who knows someone who knows someone who can get it to work (or not work).  And, people also get law to behave the way it is expected to.  

Our relationship with modern law couldn’t not have been complex.

In the West, the ideals of citizenship – civil, political and social – were got from the state as an outcome of social struggle and revolution that wished to end the arbitrary power of monarchy and the church and put a democracy in place. It has been 200 years since this process began there.

The Indian state, as we know, embraced the constitutional ideals of citizenship without demands for them from below. The last six decades have been a period where these ideals have tried to find anchor in the minds of people. The state has done its bit in this regard. The news media, schools, political parties, and social movements have also contributed to making Indians see themselves as citizens above everything else.  Realities of brute power and vested interests have of course tried to subvert this process.  The diverse religious traditions and moral philosophies of Indian civilization, whose visions of freedom and equality are at odds with those embodied in the constitution have also existed alongside to provide meaning to social existence.  They have held out their own standards of reasonableness and of acceptable and unacceptable conduct.

Gandhi of course doubted the indispensability of lawyers for society and affirmed his faith in negotiating settlements outside the route of litigation.  In his writings on village reconstruction, Tagore had felt that the village communities could manage local disputes without the necessity of the police or the courts.  Gandhi and Tagore represent the continuing attractions of the desire to arrive at settlements outside courts. The ideals of community life that they espoused still matter in public life: the ideal of self-sacrifice, whereby an individual subordinates his or her interest for the sake of the community’s welfare, is very strong.  Or, the ideal of tolerance which lets people overlook faults, small or big, is also key to understand why so many city residents reconcile to live with their neighbours’ bye-law violations or not bother to report a dented bumper to the police.  The pain of navigating the police and the courts can explain these only to an extent.

The stark power realities that let the powerful to use and disregard law as and when they please has not meant a popular cynicism towards law.  Ambedkar and a whole gamut of distinguished political and social activists have attempted to build inspiration towards law as an instrument of social justice and political freedom. Legal activists continue to engage the courts as if vulnerable citizens mattered and gain victories for democracy. And, even if led by considerations by TRPs, media’s vigilante activism towards the legal misconduct of the government machinery, political parties and, on occasion, corporate companies, is high.  Despite the absurdly high rates of pendency, law still holds out a way for the affected.

We will have to start looking closely at how the various imaginations of law, civility, and equality are working around us.  Instead of viewing liberalism as sacrosanct and the other imaginations of law as illiberal and non-modern, a responsible political task will be to see how liberalism can be challenged, enriched and re-imagined by other ideas of equality and freedom.  And keep the future open.

16 comments:

  1. My understanding of justice delivery system in India as on today is as given in the attached link.

    http://www.gvhariprasad.blogspot.in/2015/04/civil-litigation-sharing-experiences.html

    Also visit my website

    www.prabhupadatownship.co.in

    to understand the importance/relevance of Legal opinion in the light of judgments delivered.



    ReplyDelete
  2. Thanks for sharing, nice post!

    Võng tự động hay may dua vong là quà tặng tuyệt vời cho bé, võng tự đưa giúp bé ngủ ngon hơn, máy đưa võng tự động giúp bạn có thời gian làm những việc khác. Hiện nay có nhiều may dua vong tu dong, việc lựa chọn máy đưa võng phù hợp cho bé, chất lượng là mối quan tâm của phụ huynh. Với may dua vong tu dong ts - sản phẩm máy đưa võng thiết kế cho bé, bé có giấc ngủ ngon hơn. Máy đưa võng hay vong em be tu dong thiết kế nhỏ gọn, tiện dụng, dễ tháo lắp. An Thái Sơn - địa chỉ ban may dua vong uy tín tại TP.HCM.

    Các bạn nên tìm hiểu hay những sự thật cần biết về collagen trước khi sử dụng, mách mẹ những mẹo hay giúp trẻ thích uống sữa hay làm thế nào để bé thích uống sữa hiệu quả, chia sẻ nguyên nhân và cách trị chứng mất ngủ ở trẻ em, chia sẻ các mẹ những trò chơi giúp trẻ thông minh cực đơn giản, mẹo hay giúp trẻ nhanh biết đi hay tập cho bé đi ngủ sớm bằng cách nào, những cách chống nắng cho bé hiệu quả, những thực phẩm giúp bé ngủ ngon mẹ cần biết, chia sẻ cách làm trắng da toàn thân bằng thực phẩm hiệu quả, những món ăn giảm cân cho trẻ béo phì hay món ăn chữa bệnh mất ngủ hiệu quả!

    Những thực phẩm tốt cho da tại http://thucphamtotchoda.blogspot.com/
    Chăm sóc da mặt ở http://chamsocdamato.blogspot.com/
    Cách chăm sóc da mặt bằng http://cachchamsocdamatbang.blogspot.com/
    Dạy trẻ sơ sinh tại http://daytresosinh.blogspot.com/
    Bí quyết giảm cân hay tại http://biquyetgiamcanhay.blogspot.com/

    Chúc các bạn ngày mới vui vẻ!

    ReplyDelete
  3. This comment has been removed by the author.

    ReplyDelete
  4. good article thanks to shared this.really nice information also read more: simplified laws

    ReplyDelete
  5. Nhiều bạn đọc đang thắc mắc rằng Kawasaki z1000 giá bao nhiêuIC xe máy giá bao nhiêu. Ngày nghỉ giải phóng miền nam sắp đến, nhiều bạn đọc đang nghĩ có nên đi nam du vào 30 tháng 4 không
    Hiện nay, giới trẻ nhiều người đang rất thắc mắc Ô môi nghĩa là gìgay có nghĩa là gì.
    Hòa âm ánh sáng lượt mua 2 năm nay Dj SlimV là aiTiểu sử của DJ Gin

    ReplyDelete
  6. Writing a blog is a piece of art and the writer has undoubtedly mastered this skill.
    Joseph Hayon

    ReplyDelete
  7. I found your this post while searching for some related information on blog search...Its a good post..keep posting and update the information. LarsenNash.com

    ReplyDelete
  8. You should also know that if you are suspecting him of cheating and you do not have a history of paranoid jealousy liedetectors.co.uk

    ReplyDelete
  9. really like reading through a post that can make people think. Also, many thanks for permitting me to comment!
    토토사이트
    카지노사이트

    ReplyDelete
  10. Thanks for a marvelous posting! I actually enjoyed reading it, you might be a great author.I will be sure to bookmark your blog and will often come back at some point. I want to encourage yourself to continue your great posts, have a nice day! Feel free to visit my website; 야설

    ReplyDelete
  11. magnificent put up, very informative. I'm wondering why the opposite experts of this sector don't notice this. You must continue your writing. I am confident, you have a huge readers' base already! Feel free to visit my website; 한국야동



    ReplyDelete
  12. Very great post. I just stumbled upon your blog and wanted to say that I have truly loved browsing your blog posts. In any case I will be subscribing on your feed and I hope you write again very soon! Feel free to visit my website;
    국산야동

    ReplyDelete
  13. Efficiently written information. It will be profitable to anybody who utilizes it, counting me. Keep up the good work. For certain I will review out more posts day in and day out. Feel free to visit my website;
    일본야동



    ReplyDelete
  14. Thanks for the blog loaded with so many information. Stopping by your blog helped me to get what I was looking for. Civil Litigation Lawyers Columbus, Ohio.

    ReplyDelete