Law, power and justice c.1
- 2nd ed.
- New Delhi Sage Pub. 1992
- 392p.
In India, the laws that affect the lives of men and women the most are criminal la These laws are enshrined in the Indian Code which is intended to afford projection to personal liberty.This indepth study of the Indian Penal Code establishes that these criminal laws are un derpinned by social attitudes so much so that when they conflict with the provisions of the law, it is invariably social norms which prevail. That is why robber barons are treated with respect while a woman's 'character becomes a crucial issue if she is murdered or raped.
To fully understand the roots and nature of this phenomenon, Dr. Dhagamwar begins with describing the attitudes which British jurists brought with them when they col onised the country. In particular, she studies the impact of Utilitarianism, a powerful school of thought prevailing in nineteenth century Britain. This analysis vividly reveals the class and cultural biases prevalent dur ing the colonial period which affected the process of law-making
Having traced the historical and socio-cul tural roots of the Indian Penal Code, Dr. Dhagamwar examines a large number of re cent and historical judgements in which character and sexual ethics played a part. She critically evaluates the outcome of these cases in terms of the manner in which they interpreted the Indian Penal Code.
Dr. Dhagamwar concludes from this wide ranging evaluation that laws are generally made to serve the interests of the upper classes who wield power. In short, law serves power and where it fails to do so, it may fail altogether. The author also de scribes recent efforts and proposes ways to reform what are essentially colonial laws so that they can suit the needs of the changing times while serving the ends of justice.
This unique study of Indian criminal law will interest the legal profession, social and legal historians, political scientists, students and teachers of law, and those engaged in the struggle for legal reform.