Indian penal code and ‘shree 420’

‘Mera Joota Hai Japani, Ye Patloon Englishtani (My footwear is Japanese, these pants are British), Sarr pe laal topi Rusi, phir bhi dil hai Hindustani (I wear a red Russian cap, but my heart is still Bharatiya [Indian]).’ These are the lines from a famous song sung by Raj Kapoor in his Hindi film ‘Shree 420’ (The number ‘420’ refers to Section 420 of the Indian Penal Code, applicable to cheating and dishonesty. This title can mean Mr Cheater in English). In the song, the hero proudly claims that though his attire is foreign, his heart is very much Hindustani (Bharatiya). In short, the hero says that although the dress has changed over the years due to circumstances, he has love for the country in his heart. This mannerism of the hero directly appeals to the heart. Therefore, we see this image of the hero in all Bharatiyas and we are happy with the thought that all Bharatiyas have love for their Nation.

If the mere thought that ‘Bharatiyas have a sense of nationalism’ consoles us, then, should we not do something about the Judicial system, which provides justice to the Bharatiyas and is an important pillar of the country’s Democracy but continues to remain British in nature even after 76 years of Independence ?
If the Judicial system applicable to the British period has not been nationalised since Independence, who is the ‘Shree 420’ behind the scenes ? And hence, should Section 420 of the Indian Penal Code be applied to the responsible representatives of the people ? These questions are but natural. In his inaugural speech at the International Lawyers Conference 2023 in New Delhi, Prime Minister Narendra Modi made an important announcement that the Union Government will make efforts to facilitate the use of Bharatiya languages in Courts and the Court language will be simplified in a manner that it is understood by common people.

The hero of the film ‘Shree 420’ says that his heart is Bharatiya; not only is the dress code of the country’s Judiciary, but the laws and the entire Judiciary is based on western concepts. Judges who say ‘Order, order’ and advocates who say ‘Thank you my Lord’ still wear black robes, which are considered Tama predominant (Spiritually impure) in Bharatiya culture. In the past 76 years, leave alone the laws, the people’s representatives have not bothered to change these minimum aspects and make them suitable for our country. In such a situation, Prime Minister Narendra Modi’s announcement that the laws of the country will be made in a manner that they are understood by common people is certainly very assuring. At the same time, it is necessary to move forward in this direction seriously, decisively and in a timely manner.

Action should be taken in a timebound manner

As serious as the problem of pending cases in the Bharatiya Judiciary, is the serious problem arising from not adopting local languages in the Courts and the complex language used presently. After the initial years of the country’s Independence, the Government should have paid at least serious attention to these important issues of the Courts; however, the Congress party completely ignored this. For some years now, these issues are being debated; but nothing concrete has come out of it as yet. Most of the proceedings, from the Supreme Court to the Sessions Courts, are still conducted in English. The Union Government has already given instructions to the State Governments to make available copies of the rulings of the High Courts in the local language of the respective States. Some days ago, the Maharashtra Government appointed an independent person to translate the rulings of the Bombay High Court into Marathi. As per the Bombay High Court, similar appointments should be made at all Judicial levels in the State up to the District Magistrate level.

Justice has to be ‘bought’

Making necessary changes in laws as per the Bharatiya culture is the central idea in ‘nationalising’ the Judiciary; but the change should not be restricted to the laws alone – it should be effected with equal seriousness to the daily hearings in local languages, doing away with British customs, changing the uniform according to the Bharatiya culture and so on. When the common man in India comes to the Courts, he has to ‘buy’ justice. Saying ‘justice has to be bought’, might amount to contempt of the Court; but this is the reality. Everywhere, from the Supreme Court to the Sessions Courts, citizens have to spend lakhs of Rupees on advocates. Even after spending money first in the Sessions Court, if someone appeals, the expenses keep increasing. If it is not possible to hire an advocate, the Government provides an advocate; but who will give the assurance that such advocates will work honestly to get justice for their clients ? Therefore at present, it is a fact that only those who have money can tread the path of legal processes. In most cases, even if a common individual spends his life’s earnings to get justice, success is not guaranteed. Prime Minister Modi has raised this serious question on the platform of the International Lawyers Conference 2023. All advocates and Judiciary must work together for its fulfilment.

During the course of reforming the Judicial System, sticking to principles, abiding by Dharma, spiritual practices, etc. are equally important. Without these, reforms in the Judiciary are impossible. Therefore, it is necessary to change the laws and systems depending on nationalism.

Wearing Japanese footwear and English pants is fine in a song sequence; but having the dress and the heart in accordance with the Bharatiya culture only will improve the condition of the Judiciary !

Having the dress and heart in accordance with the Bharatiya culture only will improve the condition of the Judiciary !