19th Century Laws Affecting the Contemporary Society

4 Pages Posted: 11 Jul 2023

See all articles by Aviral Jain

Aviral Jain

O. P. Jindal Global University - Jindal Global Law School

Date Written: April 28, 2022

Abstract

Chaitanya Tamhane's film "The Court" sheds light on the failing justice system and the presence of archaic Victorian laws in India's legislation. These laws, designed during the British era to exploit the marginalized, continue to govern the country despite their redundancy. The film depicts the arrest and denial of bail to Narayan Kamble, a poet from a marginalized community, under these inappropriate regulations. The existence of such outdated laws hampers the delivery of justice and creates a barrier between marginalized communities and their access to justice, hindering the nation's progress. The irony lies in the fact that the British themselves have abandoned these laws as outdated, while India continues to uphold them. The reliance on archaic laws leads to delays and denial of justice, particularly affecting marginalized communities who lack resources to navigate the legal process. Although authorities are aware of these issues, they delay taking action. The Law Commission of India's reports on obsolete laws have been overlooked, exacerbating the problem. The Indian legal system is deteriorating, and the persistence of colonial-era laws demonstrates a systemic issue. Reforms are crucial to address these problems and restore faith in the justice system, especially for the underprivileged who seek a swift and accessible process.

Suggested Citation

Jain, Aviral, 19th Century Laws Affecting the Contemporary Society (April 28, 2022). Available at SSRN: https://ssrn.com/abstract=4497738 or http://dx.doi.org/10.2139/ssrn.4497738

Aviral Jain (Contact Author)

O. P. Jindal Global University - Jindal Global Law School ( email )

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Delhi NCR
Sonipat, DE Delhi NCR 131001
India
8178997900 (Phone)

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