Justice Nazir says Manu, Kautilya Brihaspati & other Ancient law givers Indian jurisprudence should be taught, colonial law system should be overthrown. He says a new generation of Indian lawyers must emerge. Seculars & Liberals are you guys listening? eng.bharattimes.co.in/ancient-indian…
What justice Nazir has spoken is the newly evolving field of law — legal anthropology. This is the alternative thought as the current legal system which is adversarial is not delivering because the social DNA of the people is different for different
Adversarial justice system is western construct and import where truth is to be discovered from the lies of the litigant sworn in court by even character assassinating him under the evidence act. But in village panchayat one will not dare tell lies on his children’s head
Legal anthropology in India is an unexplored subject because of the intellectual slavery of indian legal systems which has become the adopted orphan of the Anglo Saxon jurisprudence. The ancient Indian system should be explored for two reasons
One, the litigants tell lies to the court. So they should not be allowed to come to the court without exploring the traditional way of seeking justice like family social elders or community panchayats. They must file an affidavit saying they tried the traditional means & failed
Two a long standing dispute (Manipal case) was resolved by Dharmasthala chief and not by judicial or even arbitral process. In my career as professional I have been successful in invoking legal anthropology and settling disputes, sometimes in weeks when court would take years
The present litigation process is the most inefficient even corrupt at different levels with delays extending beyond one’s life. Legal anthropological approach is inevitable to save the crumbling legal system of India. Justice Nazir’s is a brooding appeal for that
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