In the following piece, I highlight how India's colonial-era laws and conservative political decisions are out of touch with modern society's needs.
Whenever a high-profile crime surfaces in India and trials begin, public opinion surges, scrutinizing every move of the judiciary. The Indian society is quick to question the judicial process, which is necessary for accountability. However, in this intense focus on the judiciary, we often overlook the roles of the legislature and the executive, which are equally responsible for delivering justice.
With the release of the film Sector 36, the infamous Nithari Killings have once again captured the nation's attention. Some view the case as an indictment of the judicial system, accusing it of failing to deliver justice to the victims. Critics argue that the Indian judiciary is outdated, unable to meet the people's expectations for a modern, fair society. They point to lengthy court cases and legal loopholes as signs of systemic failure. But is the judiciary solely to blame?
In reality, the judiciary has limited control over some of the core issues plaguing the justice system. The more glaring failures often lie elsewhere—such as in the legislature's inability to update or create laws that address modern societal issues, or in the executive branch’s failure to gather evidence or report crimes promptly. Yet, the judiciary is often scapegoated for the broader dysfunction.
It's true that the judiciary sometimes falls short, but it can only operate within the framework provided by the legislature. While judicial interpretation plays a critical role in shaping justice, the laws themselves are created in Parliament. This leads us to question: is the Indian Parliament keeping pace with the evolving needs of society, or is it clinging to outdated, colonial-era laws?
Take, for instance, the failure of BNS to criminalize sexual offenses against men, transpeople, or animals, and its failure to recognize cannibalism as a crime. At the same time, outdated laws like sedition, often criticized for curbing free speech, remain firmly in place. This disconnect is glaring when we see the government rejecting calls to remove the marital rape exception or refusing to recognize same-sex marriage— issues that many developed countries have already addressed. These legislative decisions reflect a deeply conservative mindset, prioritizing political propaganda over genuine progress.
India's society also plays a role in this stagnation. While people frequently raise concerns about infrastructure, taxes, or utilities, there is a noticeable lack of constructive criticism regarding legal and societal issues that affect the country as a whole. This may be partly due to a lack of awareness or legal education among the general public, which hinders meaningful dialogue on crucial reforms.
Prime Minister Narendra Modi recently remarked in his Independence Day speech that India needs young, educated political leaders to bring about change. He’s right. For India to truly progress, we need leaders who are not only aware of the systemic flaws but are also committed to addressing them. These young leaders must be the torchbearers of reform, advocating for a legal and political system that reflects the needs of a modern society rather than one bound by its colonial past. Only then can India begin to truly progress, shedding outdated practices and laws in favour of a more just, equitable future for all its citizens.
I hope this article sparks motivation among the youth, inspiring them to recognize the need for change and take action. Meaningful reform, led by young and informed political leaders, is essential for India to truly advance.
✒ Aditi Gupta, Age - 18 - Carmel Convent School, BHEL Bhopal
(A humanities student, aiming to crack CLAT and work for the betterment of the society.)
