Criminal LawLaw

What Experts Says On – The Subsequent And Consequent Revolutions Of The Indian Law

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What Experts Says On – The Subsequent And Consequent Revolutions Of The Indian Law

Arundhati Katju

Arundhati Katju (born August 19, 1982) is a lawyer qualified to practice in India and New York. She has litigated many notable cases at the Supreme Court of India and the Delhi High Court, including the Section 377 case, the case of a trans man being illegally confined by his parents, the Augusta Westland bribery case, the 2G spectrum corruption case, and the Jessica Lal murder case. Her law practice encompasses white-collar defense, general civil litigation, and public interest cases.

History of Law in India

The uncivilized country was never in need of law or judicial obligations. As capitalism and dictatorship evolved secular law varied from region to region, ruler to ruler. In 1726, the British East India company formulated the common law based on recorded judicial precedents which were charted by King George I. This establishment slowly replaced or reprimanded the secular law. With the further subsequent victory, the statutes were formulated. The Indian Penal Code (IPC) was drafted under the stewardship of Thomas Babington Macaulay and was brought into the judiciary in the year 1862.

At the dawn of Indian Independence, the nation decided to redraft the constitution for the newly independent nation. Dr. B R Ambedkar the keen leader of India was known for his wise legal mind. He formulated the Indian constitution. The Indian judicial system has categorized law into 4 types.

  • Criminal law
  • Civil law
  • Statutory law
  • Common law

The divisions of law deal with separate categories of crime or disputes within the society.

Indian Criminal Law

The constituents of the law which deal with the crime are coined as criminal law. Initially, civil law and criminal law were not distinguished by the people. Threats, murders, stealing, or other endangering activities that cause harm to the people in the society are categorized as crimes and dealt with by the criminal law constitution. The criminal law in India in ancient times was segregated according to culture. The Hindu law, the Mohamadeen law, or the English law. Later in 1834, the importance was realized, and the East India Company formed the primary law commission. And since then, the law took some reeling subsequently like at the dawn of the Independence, the constitution was rewritten for the federal nation.

Right of private defense

The right of private defense states the legalization of defending the self from the assailant or defending property from people who are bound to commit crimes or thefts. This law is an attribute to self-help, claiming self-help is the first rule of criminal law. Since the evolution of human beings or homo sapiens, the assurance of safety or protection is always banal and un-vouched. Living in such an uncertain piece of land, malfeasance is inevitable. And law or police cannot be on the watch every time. But the importance of safety as a democratic country, the right to private defense was established in the constitution in the year 1860. The right of private defense is only valid if the offense is as serious as murder or loss of a limb or wrongdoing to a property.

Section 377

The conservative Indian social values were the dominating factor for the criminalization of the LGBTQ community. The law was formulated in the year 1860 by the British colonizers. The statement said that the relationship or carnal intercourse that is against the law of nature was illegal, and the offender will be punished with imprisonment for years or life. This law brought in the question of rights and freedom. The sexual orientation of a person cannot be a reason for punishment or imprisonment. This law criminalizes the relationship of gay people, the behavior of LGBTQ people is made unnatural. Unnatural, non-traditional, and criminals were the titles or accolades of being themselves. The aspirations of gay people are brawled and demolished. The court said gay people in India were a ‘minuscule minority’ and have ‘so-called rights’, the statement which caused depression to the LGBTQ community. Arundhati says, ‘it is the common stories of love and loss that unites us’

The two decades’ fight against section 377 came to an end in September 2018 marking a significant victory. The law was decriminalized finally though the price paid during the fight was huge with the monumental difference in India.


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