New Delhi: In a spirited ‘back to the roots’ call, Supreme Court Justices S Abdul Nazeer Said on Sunday that the toughest and most difficult way to free the administration of justice in India from the colonial psyche is to teach law students about ancient but advanced legal jurisprudence. He said that the legal norms developed by great persons like Manu, Kautilya, Brihaspati and others were worth studying and emulating.
Quoting liberally from the juristic works of great sages and thinkers mentioned in the scriptures, Justice Nazeer said, “While this may be a very large and time-consuming endeavor, I firmly believe that it will be a worthy endeavor which will help Indian legal system and align it with the cultural, social and heritage aspects of our great nation and ensure a more robust delivery of justice.”
Advocating the introduction of ancient Indian jurisprudence as a subject in law colleges, Justice Nazir observed, “There is no doubt that this colonial legal system is not suitable for the Indian population. Indianization of the legal system is the need of the hour. It may take time to eradicate this kind of colonial mentality, but I hope my words will inspire some of you to think deeply on this issue and the steps to be taken to dismantle the Indian legal system. Will think about
The future of the rule of law and parliamentary democracy in India largely depends on the competence, intelligence and patriotism of our future lawyers and judges, he said. “Such lawyers and judges will grow from the social soil of India and will be nurtured by its social environment. Great lawyers and judges are not born but made up of proper education and great legal traditions, as were Manu, Kautilya, Katyayana, Brihaspati, Narada, Parashara, Yajnavalkya and other legal giants of ancient India. His continued neglect of great wisdom and adherence to the foreign colonial legal system is against the goals of our Constitution and our national interests,” he said.
but speaking’Colonization of the Indian Legal SystemAt the meeting of the National Council of All India Advocates Council in Hyderabad, Justice Nazeer observed that the concept of demand for justice was embedded in the ancient Indian legal system. In contrast, under the British colonial system, which continues to this day, judges have to request justice in the most polite manner possible by addressing them as ‘lordship’ and ‘ladyship’.
The judge observed that marriage was a duty under Indian jurisprudence, which was to be performed as one of the many social obligations that everyone had to perform. “But, as a result of Western jurisprudence’s preoccupation with rights, marriage has come to be seen as an alliance by which each partner tries to get as much as he can. Higher rates of divorce The ‘duty’ aspect of marriage “The word sahi (rights) does not occur even once in the entire Anushasan Parva or Arthashastra. Indian jurisprudence is based on the principle that rights are the result of duties.”
Quoting liberally from the juristic works of great sages and thinkers mentioned in the scriptures, Justice Nazeer said, “While this may be a very large and time-consuming endeavor, I firmly believe that it will be a worthy endeavor which will help Indian legal system and align it with the cultural, social and heritage aspects of our great nation and ensure a more robust delivery of justice.”
Advocating the introduction of ancient Indian jurisprudence as a subject in law colleges, Justice Nazir observed, “There is no doubt that this colonial legal system is not suitable for the Indian population. Indianization of the legal system is the need of the hour. It may take time to eradicate this kind of colonial mentality, but I hope my words will inspire some of you to think deeply on this issue and the steps to be taken to dismantle the Indian legal system. Will think about
The future of the rule of law and parliamentary democracy in India largely depends on the competence, intelligence and patriotism of our future lawyers and judges, he said. “Such lawyers and judges will grow from the social soil of India and will be nurtured by its social environment. Great lawyers and judges are not born but made up of proper education and great legal traditions, as were Manu, Kautilya, Katyayana, Brihaspati, Narada, Parashara, Yajnavalkya and other legal giants of ancient India. His continued neglect of great wisdom and adherence to the foreign colonial legal system is against the goals of our Constitution and our national interests,” he said.
but speaking’Colonization of the Indian Legal SystemAt the meeting of the National Council of All India Advocates Council in Hyderabad, Justice Nazeer observed that the concept of demand for justice was embedded in the ancient Indian legal system. In contrast, under the British colonial system, which continues to this day, judges have to request justice in the most polite manner possible by addressing them as ‘lordship’ and ‘ladyship’.
The judge observed that marriage was a duty under Indian jurisprudence, which was to be performed as one of the many social obligations that everyone had to perform. “But, as a result of Western jurisprudence’s preoccupation with rights, marriage has come to be seen as an alliance by which each partner tries to get as much as he can. Higher rates of divorce The ‘duty’ aspect of marriage “The word sahi (rights) does not occur even once in the entire Anushasan Parva or Arthashastra. Indian jurisprudence is based on the principle that rights are the result of duties.”
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