What is law?
No, this article is not about defining law. But in order to set the background, we must understand this from the social point of view. The codified version of the collective morality of a particular society which applies uniformly to the common populace to some extent, is called law. While there might be improvisations or exceptions made in the law as per the circumstances, law in general is reflection of the society for which it is drafted.
Let's hop on to Indian society, and ask ourselves a fundamental question: Who drafted the laws and legal system for this country in the contemporary world? Answer to this question is quite obvious, the white Christian British coloniser. If you look into the debates of imperial legislature in Britain, you'll get to know that they intended to enforce their version of morality on diverse Indian society or say Hindu society.While these laws look very distinct from religion, the reality might be otherwise. As previously stated, law is collective morality of a society. Religion, in any society, forms an important part of the moral code. How can the laws originating from a Christian society, be devoid of the Christian morality? And if they contain Christian morality in their fold, how can they be devoid of Christian values? Entire legal system of today's India, is actually a product of universalisation and secularisation of Christian canon laws. It defines every aspect of human life and society from Christian perspective ranging from rights to secularism to religion. When the entire legal framework itself has a basis which is very much at loggerheads with Hindu society, how can we expect that the courts will ever be in concurrence with our faith and values? Greater disaster in this matter is that a certain group of the so called "eminent jurists" who sit in our apex courts today, have started to believe that the values which have their origins in the west, are universal in nature. These jurists learn about these values during their stay in foreign law universities, and there they succumb to the deep seated inferiority complex and adopt those thought processes as if they are universal in nature. These all factors explain, why our judiciary today is seen standing against our society.
Time for a change.
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