Today, On 5th January, Justice G.R. Swaminathan believes that the first step towards decolonization is to understand existing laws from the perspective of our own civilization. This means linking legal systems to our cultural and historical roots. It challenges the colonial influences still present in today’s laws. Justice Swaminathan highlights the importance of interpreting laws in a way that reflects our local context for true independence.
New Delhi: Justice GR Swaminathan of the Madras High Court emphasized today at an event in Delhi that “understanding existing laws through a civilizational lens is pivotal for decolonisation.”
Speaking at the inaugural session of the 8th National Symposium on Landmark Judgments of 2024, organized by Think India, he stated,
“Trying to understand an existing rule or provision through our civilizational perspective, I would say, is the first step towards decolonisation. The standpoint from which you view makes all the difference. Therefore, I urge all of you to approach everything through our civilizational perspective. For that, we must be fully equipped with our resources.”
He recommended essential readings for students, including Justice Rama Jois’s Legal and Constitutional History of India and Justice S. Abdul Nazeer’s speech on decolonizing the Indian legal system, as well as Dr. PV Kane’s History of Dharmashastra.
Justice Swaminathan expressed concern about the lack of rigorous discussion on court judgments in India, quoting Professor Upendra Baxi,
“Unless the Judiciary is vigorously interrogated, accountability will not be there at all. There must be a sustained criticism and discussion of Judgments.”
In his talk, he shared a story from the Ramayana to illustrate that “pardoning” embodies the ultimate virtue and Dharma. He reflected on his initial disagreement with the Supreme Court’s decision to release convicts in the Rajiv Gandhi assassination case, but after contemplating the Ramayana, he recognized the essence of Article 72.
Acknowledging the backlash he faced on social media for connecting the Ramayana to the Constitution.
He remarked,
“To me, the basis of Article 72 and Section 433 of CrPC lies in Ramayana,”
Discussing The Colonial Constitution by Arghya Sengupta, he asserted,
“If you read this book, you will come to a definite understanding that our Constitution is nothing but a product of the colonial legacy. There is nothing Swadeshi about our Constitution. It is out-and-out a colonial structure.”
He noted that 70% of the Constitution was based on the Government of India Act of 1935, which was heavily criticized by freedom movement leaders.
Justice Swaminathan clarified his position, stating,
“We have to operate within the four corners of the law. We have taken an oath to uphold the Constitution and cannot breach that. But within that framework, we must explore how to align ourselves with traditional Bharatiya thinking.”
He advocated for the use of Bharatiya languages in courts, allowing arguments in Tamil and English in his courtroom, and praised a Karnataka High Court initiative that issued a judgment in both English and Kannada.
He also challenged the tradition of addressing judges as “My Lord,” stating,
“Let us not delude ourselves as if we are rendering a divine function. It is a professional job.”
He concluded,
“Decolonisation does not necessarily mean we have to return to our roots. We must shed this colonial baggage and find solutions that better suit our current needs.”
He emphasized that while the names of laws like the IPC, CrPC, and the Evidence Act have changed, their content must also evolve, not just their titles.
Justice G.R. Swaminathan is a respected Indian judge known for his thoughtful judgments and focus on connecting legal interpretations with India’s cultural and historical roots. As a judge of the Madras High Court, he has encouraged the idea of decolonizing legal systems by linking them to India’s civilizational values. His work often emphasizes the need to make laws more relevant to Indian traditions and society.