Ahmad, Sk Ehtesham Uddin. “Colonial Reshaping of Criminal Law Before the Code of 1860.” Proceedings of the Indian History Congress 73 (2012): 553-62.
The article by Ahmad focuses on assessing the criminal law in India from the 17th to the 19th centuries under the British Crown. Particular attention is paid to comparing the principles of legislation after the signing of relevant regulatory documents that defined identical principles of criminal justice in India with those in Britain. Formal administrative processes replaced the traditional forms of control, which were based on religious canons and historically rooted customs. The implementation of the Act of 1773 is viewed from the perspective of building more civilized methods of criminal jurisdiction in view of the introduction of additional judicial functions and powers. At the same time, some aspects of the local legislation contradicted the norms introduced by Britain, in particular, Muslim laws with their cruelty. Despite the individual freedoms of the Indian government, the population could not expect to retain all the pre-existing principles of criminal justice in view of the Crown’s condemnation. As a result, changes were carried out most actively in the middle of the 19th century. The focus was on humanizing punishments for crimes committed, which was a step towards building a civilized criminal justice system.
Gangluly, Chawm. 2012. “Dr. Ashwani Kumar Inaugurates International Conference on Equitable Access to Justice: Legal Aid and Legal Empowerment.” Core Sector Communique.
In his article, Gangluly analyzes the value of the measures taken by the Indian government to preserve and strengthen important rights and freedoms. At the beginning of the 20th century, despite the developed world’s democratic base and global calls for the observance of equality in the judicial system, aspects of justice remained acute. The author assesses the activities of the local Department of Justice and notes that projects carried out in cooperation with international agencies have benefited the Indian legislative framework. As an individual achievement, he singles out the training of the population regarding the issues of fair justice and the expansion of legal services to help vulnerable categories. Judicial reforms are seen as one of the most powerful tools for positive changes. In this regard, the flexibility of criminal justice is proposed to be achieved through the constant replenishment of the regulatory framework by adopting other countries’ experiences and promoting effective regulations locally. Optimization programs and projects based on law universities and other institutions are essential. The involvement of all stakeholders in the process of strengthening the system is an essential condition for building a progressive criminal justice system.
Jaffe, James A. “Custom, Identity, and the Jury in India, 1800-1832.” The Historical Journal 57, no. 1 (2014): 131-55.
The formation of the structure of Indian justice in the 19th century is one of the main themes raised by Jaffe. The researcher focuses on how the local councils in Indian villages developed, which were called the panchayat. From the perspectives of justice and preserving citizens’ rights, this body acquired great importance for the country’s judicial system. It had the status of what was called the jury. This was a group of people making a verdict based on studying the characteristics of criminal cases. The first half of the 19th century was a time of reforms in the criminal justice system in Britain, which, in its own way, was reflected in the structure of this legal field in India. By promoting more liberal principles for the assessment and investigation of court hearings, more advanced decision-making mechanisms helped create a sustainable basis for the exchange of experience between politicians and representatives of the law. The formation of the national movement in India was also a consequence of the culture of justice, which, however, led to additional interaction challenges between the British government and the local population.
May, Larry. Ancient Legal Thought: Equity, Justice, and Humaneness from Hammurabi and the Pharaohs to Justinian and the Talmud. Cambridge: Cambridge University Press, 2019.
The birth of the idea of justice in ancient civilizations, including India, is the main theme of the book by May. Particular attention is paid to document sources that became significant in the history of the country and formed the basic concepts of justice. The book covers the period from the 4th to the 6th century and, in addition to India, provides legislative backgrounds of other peoples, for instance, the Romans, by comparing the origins of legal practices. May’s book includes the description and analysis of ancient documents that interpret social norms from the perspective of modern views. The religious context of these codes of law is assessed as key, which allows speculating on the strong dependence of the Indian legal idea on traditions and rituals promoted for centuries as the main sources of interpreting justice. Equity and fairness issues concern different aspects of social interaction. The place of a person in the justice system is considered the main criterion for assessment. The value of the book lies in the rationale for the unique Indian practices that laid the foundation for the local legislative framework for many centuries to come.
Mudgal, Vipul. 2019. “Reforming India’s Broken Criminal Justice System.” The Hindustan Times, 2021.
The urgency of introducing effective and informed changes in the criminal justice system in India is the foundation of Mugdal’s article. The author draws attention to the shortcomings and gaps in this legal area and provides arguments supporting his criticism. In particular, according to Mugdal, political elites may be responsible for an underdeveloped justice system due to their personal interests and a desire to manipulate this area. Pressure on initially independent sources of justice is condemned as a factor that hinders the improvement of the industry in question. As a tool for intervention, the author assesses the India Justice Report as an element that can allow comparing the current gaps with the anticipated prospects for the development of the criminal justice sector. Valuable statistics are provided, and the performance of individual boards is assessed as the component that affects the effectiveness of the system. Capacity building is viewed through a set of measures aimed to increase the efficiency of individual structures, with particular emphasis on the local police. Useful policymaking initiatives are seen as necessary incentives to optimize the field in question and create a sustainable justice system in India.
Shahidullah, Shahid M. Crime, Criminal Justice, and the Evolving Science of Criminology in South Asia. London: Palgrave Macmillan UK, 2017.
The diachronic perspective of investigating the criminal justice system in India, along with other states in southern Asia, is one of the themes of Shahidullah’s book. The author assesses the historical preconditions for the emergence of the modern foundations of this legal sphere and provides the corresponding regulatory legal acts since the 18th century. The mid-19th century is regarded as a watershed moment in the country’s history when the British Crown began to promote democratic values aimed at displacing archaic traditions in the Indian judicial system. Much attention is paid to the medieval canons that existed for centuries. From the standpoint of democracy, during this period, the most significant steps were taken to move to a freer and more civilized system of judicial law. The Indian criminal justice system is compared to those in other countries to indicate specific steps and initiatives. The value of the book lies in the detailed analysis of the measures taken to decriminalize barbaric customs. The religious context of the analysis increases the credibility of the assessment and makes it possible to highlight the main trends in the formation of a sustainable criminal justice system.
United Nations Centre Against Apartheid. Special Committee on Apartheid Hears Judge William H. Booth: New York: Department of Political and Security Council Affairs, 1971.
The report presented by the United Nations Center Against Apartheid is the primary resource providing Judge William H. Booth’s speech at the special committee on human rights and tackling justice issues. In his speech in 1971, the judge raised the topic of crimes against humanity as an unacceptable phenomenon. This report is relevant in the context of the criminal justice debate in India as it mentions the United Nations Charter signed by the local government along with several other countries. India’s participation in the international practice of combating human rights violations is an important stage in the transition to democratic freedoms. The aspects of healthcare, the labor sector, and other areas are considered in conjunction with the criminal justice system. The role of the local government in solving topical issues is assessed as high. Respect for human dignity is one of the priorities to realize in the methods of achieving justice. The value of the report is high in relation to the problems of the 20th century as a period of establishing global democracy and increasing the credibility of local judicial systems.
Bibliography
Ahmad, Sk Ehtesham Uddin. “Colonial Reshaping of Criminal Law Before the Code of 1860.” Proceedings of the Indian History Congress 73 (2012): 553-62.
Ganguly, Chawm. 2012. “Dr. Ashwani Kumar Inaugurates International Conference on Equitable Access to Justice: Legal Aid and Legal Empowerment.” Core Sector Communique.
Jaffe, James A. “Custom, Identity, and the Jury in India, 1800-1832.” The Historical Journal 57, 1 (2014): 131-55.
May, Larry. Ancient Legal Thought: Equity, Justice, and Humaneness from Hammurabi and the Pharaohs to Justinian and the Talmud. Cambridge: Cambridge University Press, 2019.
Mudgal, Vipul. 2019. “Reforming India’s Broken Criminal Justice System.” The Hindustan Times, 2021.
Shahidullah, Shahid M. Crime, Criminal Justice, and the Evolving Science of Criminology in South Asia. London: Palgrave Macmillan UK, 2017.
United Nations Centre Against Apartheid. Special Committee on Apartheid Hears Judge William H. Booth: New York: Department of Political and Security Council Affairs, 1971.