What three recent cases say about our labyrinthine legal system

News: Old laws, difficult to interpret language and long-running cases create obstacles to justice.

What are the factors contributing to the obstacles to justice?

Archaic Laws: Recently, the Supreme Court has ruled that daughters will have equal rights to their father’s property even prior to the enactment of the Hindu Succession Act (HSA) of 1956. Although, the judgement is welcome but the case should have been settled much earlier. Indian constitution is certainly lacking a proper framework for personal laws for the 21st century.

Long-running cases: Court recently acquitted an actress from obscenity and indecency charges from the case which was registered under the Indecent Representation of Women (Prohibition) Act and Sections 292, 293, and 294 of IPC (Indian Penal Code) in 2007.

The case took 15 years to decide. The courts should be more cautious about the case which need to be admitted in courts if admitted has to be resolved quickly.

Incomprehensible language: Recently, two judges of the SC couldn’t understand a judgement authored by another judge in 2017.

Contempt of Court: Contempt of court act 1971 deals with civil contempt when a court judgement does not comply. It also deals with criminal content which scandalizes or lowers the authority of the court. Scandalising” is neither contempt by interference, nor contempt by disobedience. This was inherited from Britain. In 2013, after the Law Commission report (2012), the UK crime and courts act was abolished scandalizing the court as a form of contempt of court.

Source: This post is based on the article “What three recent cases say about our labyrinthine legal system” published in Indian Express on 10th February 2022.