VP Dhankhar calls for change in laws framed by British

Countries that were once under colonial rule should consider reviewing all colonial laws following the example of India, said Vice President Jagdeep Dhankhar adding that Indian Parliament is working to “contain, curb and decimate” exploitative provisions of the criminal procedure code and penal code of Victorian heritage which were extremely “harsh and oppressive” . His reference was to the replacement of the three laws that form the basis of India’s criminal justice system — the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act.

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Dhankhar added: “The legacy of colonial legal regime has been highly burdensome to the vulnerable sections of the society in the global South.” He was presiding over the inaugural event of the first regional conference of around 70 countries of Asia, Africa and Pacific hosted by the National Legal Services Authority (NALSA) on the theme of “Strengthening Access to Justice in the Global South”. The International Legal Foundation, United Nations Development Programme and UNICEF are co-hosting the event.

The Vice President, who is also Chairman of the Rajya Sabha said: “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.”

Stressing on the common thread of colonial exploitation that runs through much of the global South nations, he urged the gathering comprising Chief justices of 17 countries, and judges, law minsters, and policy makers to 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 local population.”

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 are grouped together 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,” he added, stating that judges have a duty not just to do justice in individual cases that come before them but also to institutionalise the judicial process that looks beyond the immediate.

He highlighted the technological interventions introduced on the administrative side of the Supreme Court of India such as live-streaming cases before the constitution bench , a move that he said has taken the court to the “hearts and homes” of the common citizens in the country. He added: “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 handicapped, introduction 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 also present at the conference .