This paper examines the development of the modern legal system in South Asia as a colonial legacy which essentially meant to be a tool for the aspirations of colonial administrators. Furthermore the depiction of colonial view on oriental practices and its sheer unsuccessful manner is highlighted in this paper.
In the words of Frantz Fanon in "The Wretched of the Earth", white men had a desire to possess the world and assumed himself predestined to rule the world. Indeed the legal nexus that has been expanded around every nook and corner of the Indian Subcontinent and Sri Lanka can be attributed to those white Sahibs who ruled this part for many decades. In the poetic sense of Rudyard Kipling it was known as "White man’s burden" which outrageously justified European moral obligation to subjugate Oriental nations to make them civilized. However the chains of events that occurred as a part of colonials caused to degenerate the subjects morally and their resources were abhorablly plundered. In order to legitimize the colonial exploitation and making the subjects meek and obedient to the colonial administration, they used law as a competent tool.
Table of Contents
1. Introduction to the Colonial Legal Legacy
2. Penal Reforms and Victorian Morality
3. Understanding Local Laws and Customary Interpretations
4. Barriers to Justice and Judicial Elitism
5. Sedition Laws and the Continuation of Colonial Oppression
Research Objectives and Themes
This paper examines the roots and nature of the legal systems established by the British in South Asia, analyzing how these colonial impositions have hindered ordinary citizens in their pursuit of justice and maintained systemic inequalities in the post-colonial era.
- The influence of Victorian moral values on South Asian penal codes.
- The disconnect between colonial legal structures and indigenous legal traditions.
- The impact of language barriers and high court fees on access to justice.
- The persistence of colonial-era sedition laws in suppressing modern dissent.
Excerpt from the Book
The anomaly of legal system planted by British in South Asia has mainly caused creating further problems to the masses rather than bringing them justice.
As an example it is an interesting fact to examine the penal offences introduced to the sub-continent by British colonial masters during the legal reforms conducted in 19th century. In most of the cases British anticipated to preserve their interests in organizing the legal system and also those so called laws were the reflections of Victorian values in 19th century Britain. The imposition of Victorian morality upon the natives in Indian subcontinent entirely took place in a mode of moralizing the native society which they considered as barbaric and crude. The structure of Indian penal code and its adoption in Ceylon ( Sri Lanka ) was set up by British notion of law and justice. In some of the provisions of the penal code and laws adopted by British became completely alien to the natives since they were quite far away from their manner of understanding.
The Section 294 of Indian Penal code has set a provision for punishment for obscene acts in public, indeed the yardstick to decide what obscenity was completely culled by British perceptions under contemporary Victorian values. As Michael Foucault pictured in his “The History of Sexuality “the term sexuality and obscenity were mere inventions of Victorian culture. He states “If sex is repressed, that is, condemned to prohibition, nonexistence, and silence, then the mere fact that one is speaking about it has the appearance of a deliberate transgression”. As a matter of fact the oriental culture on obscenity or sexuality had been a wider one in the ancient period and the Khajuraho monuments which was built by Rajput’s or the greater Sanskrit work on sexuality “ Kama Sutra” are living symbols that even stand today as witnesses to the existed sexual freedom in sub-continent long time before Westerners set their foot.
Summary of Chapters
1. Introduction to the Colonial Legal Legacy: Provides an overview of the arrival of British colonial rule and the initial establishment of a legal framework aimed at consolidating power over the Indian Subcontinent and Sri Lanka.
2. Penal Reforms and Victorian Morality: Discusses how 19th-century British legal reforms, particularly the Indian Penal Code, were used to enforce Victorian moral standards upon native societies.
3. Understanding Local Laws and Customary Interpretations: Analyzes the failure of British authorities to accurately comprehend and translate indigenous legal traditions like Hindu dharmashastra, leading to systemic ambiguities.
4. Barriers to Justice and Judicial Elitism: Explores how structural obstacles, such as prohibitive court fees and the persistence of English as the language of judicial proceedings, alienate the public from the legal system.
5. Sedition Laws and the Continuation of Colonial Oppression: Examines the legacy of Section 124-A (sedition) and its ongoing use in modern South Asia to silence dissent and political opposition.
Keywords
Colonial legacy, South Asia, British Empire, Legal system, Victorian morality, Indian Penal Code, Access to justice, Sedition law, Cultural imperialism, Judicial reform, Native customs, Human rights, Post-colonialism, Legal interpretation, Orientalism
Frequently Asked Questions
What is the primary focus of this paper?
The paper explores how British colonial legal systems in South Asia were designed to serve imperial interests rather than the needs of the local population, and how these structures continue to impact access to justice today.
What are the central themes discussed?
Central themes include the imposition of Victorian moral values through law, the failure of British colonial administrators to properly integrate local customs, and the use of the legal system as a tool for political control.
What is the main research question or objective?
The objective is to critique the "colonial heritage" embedded in South Asian legal systems and determine why these laws remain problematic and alienating long after the end of British rule.
Which scientific or analytical approach does the author use?
The author employs a historical-legal analysis, examining original colonial legislation, judicial plans, and secondary literature to reveal the hypocrisy and racial bias inherent in the colonial administration of justice.
What is covered in the main body of the text?
The body covers specific case studies, such as the introduction of the Indian Penal Code, the codification of local laws, the institutionalization of court fees, and the survival of sedition laws in post-colonial contexts.
How can the paper be characterized by its keywords?
The paper is defined by terms linking colonial history with legal theory, specifically focusing on "colonial legacy," "access to justice," "sedition law," and "Victorian morality."
How did the British approach local customs in the Indian Subcontinent?
The British initially attempted to incorporate local customs through legal consultants like Brahmins or Maulavis, but ultimately failed to understand the nuances, leading to misinterpretations and "fossilized" laws.
Why does the author argue that the current judicial language is a barrier to justice?
The author argues that because courts in countries like Sri Lanka still operate primarily in English, it creates an elite barrier that excludes ordinary citizens from fully participating in or understanding their own legal proceedings.
- Quote paper
- Punsara Amarasinghe (Author), 2017, Ghosts of the Empire. A Retrospection of the Colonial Legacy of Legal Systems in South Asia and Its Competence to Bring Justice, Munich, GRIN Verlag, https://www.grin.com/document/377225
