Ripples A Reflection On Dattopant Thengadi's Third Way - Part 23
12 Apr 2022 12:20:55
I have been reflecting in my own way on Dattopant Thengadi Ji's Third Way. I present these small "ripples" that it has caused in my mind in a series. I am glad it has found its resonance in many thinking minds alike. I hope the readers have read the earlier article in the series before moving ahead.
Also Read: Ripples A Reflection On Dattopant Thengadi's Third Way - Part 22
( The inaugural address at Akhil Bhartiya Adhivakta Parishad at New Delhi on 7' th of September 1992-- part 1)
Dattopant expresses his fear that the principle of ' Might is Right' may take the centre stage instead of 'Right is Might'. And he expresses his anxiety over the 'declining prestige of the legal profession along with the legal system itself'. He notes many questions raised in our society as to why there have been hardly any efforts to evolve a uniform civil code, why the topic of cow slaughter is not touched upon, why the number of courts is not given the importance, why the excuse of lack of funds always blocks the issues of great importance, why the power of judicial review is allowed to be misused, why the discussion on judicial reforms is not a priority, many such questions keep resonating in the minds of lay people.
After the independence our systems were based on the models of the colonial masters. Our historical development is different and the Westminster model ( British model) is certainly not suitable but this was ignored.
We ignored our ethos and discarded the systems evolved over the centuries which reflected the collective wisdom.
This act of using the Westminster model stoked the misconception by our intellectuals that our systems if was to develop on it's own, it might have resulted into the structure which was adopted by us. So the same framework was used as a model for the Indian constitution. And probably as a result, the Nexus between politicians and criminals strengthened where for example a trial free from fear is not possible to a great extent. We failed to keep abreast with the present changes and challanges.
But on the other hand British law tried to be consistent with the changing times. The laws were 'molded and shaped to meet the new needs of society'.( reference: The Discipline of Law by Dennings) The voluntary organisations played the role in restraining the abuse and misuse of law. This Dattopant describes this as a phenomenon of ' cautious dynamism of British legal system'. He expressed the hope that the congregation of lawyers would seriously act in this direction.