Follow India in changing colonial criminal laws: VP Dhankar tells Global South nations

Vice President Jagdeep Dhankhar highlighted that the legacy of colonial laws has been highly burdensome to the vulnerable sections in the countries of the Global South and said that nations sharing a common imperial past should consider reviewing all colonial laws.

Describing the colonial laws as very “harsh, oppressive and exploitative” for the local citizens Dhankar said that the Global South nations should follow the example of India.

“Time has come to follow India’s example and emulate the same. As sovereign nations, Global South nations should consider reviewing all colonial laws that perpetrate prejudice against the local population,” Dhankar said.

He indicated that the Indian Parliament is in the process to “contain, curb and decimate” exploitative provisions of the criminal procedure code and penal code of Victorian heritage .

The VP was addressing the inaugural event of the first regional conference of nearly 70 countries of Asia, Africa and the Pacific, in New Delhi.

The event is hosted by the National Legal Services Authority (NALSA) in New Delhi on the theme of “Strengthening Access to Justice in the Global South”. The International Legal Foundation, United Nations Development Programme and UNICEF are collaborating in hosting the event.

“Our country is in the process of having a legislation, which is under consideration of the Parliament, that will bring about a sea change in our outlook and totally contain, curb and decimate those exploitative provisions in procedure and penology,” said Dhankar, who is also Chairman of the Rajya Sabha said.

He further stated that these countries also face common challenges of poverty, geographic remoteness, cultural barriers, and a complex legal system that create insurmountable obstacles for those seeking justice.

“Global South countries must shed shackles of its imperial past and strive together to reverse the historical wrongs that have perpetrated injustice and inequality,” he added, stressing the common thread of colonial exploitation that runs through the Global South nations.

The event was attended by the Chief Justices of 17 countries, judges, law ministers, and policymakers.

Chief Justice of India (CJI) Dhananjaya Y Chandrachud in his keynote address as patron-in-chief of NALSA, said that Global South nations have prospered due to collaboration and have been grouped not just based on their economic status but their legal response to the colonial past.

“Underlying our legal system, over whose destinies we preside, is the quest for social justice for our populations,” the CJI said that as judges, they have a duty not just to do justice in individual cases that come before them but to institutionalise the judicial process that looks beyond the immediate as well.

Chandrachud also highlighted the technological interventions introduced on the administrative side by introducing live-streaming of constitution bench cases which has taken the Supreme Court to the “hearts and homes” of the common citizens in the country. He said, “Access to justice is as much about the quantity of judicial infrastructure as it is about making courtrooms a space where everyone feels welcome, a space that is accessible to persons belonging to diverse communities cutting across age, gender identities, caste and economic status.”

The Supreme Court has taken several initiatives in this regard by conducting an accessibility audit for the handicapped, introducing of sign language interpreters, gender-neutral toilets and accommodating gender orientations of lawyers while filing cases before the court.

Union Law minister Arjun Ram Meghwal was present at the conference and will be heading a round table ministerial conference of law ministers. At the end of the two-day event, an outcome document will be submitted on the policy, governmental and judicial solutions for improving access to justice.