Opinion: Of Legal Reforms, Gender Justice, And India's Shawshank Redemption
NDTV
In the movie "The Shawshank Redemption," Andy Dufresne, a banker wrongfully accused of murdering his wife, endures two decades at Shawshank Prison. While incarcerated, he uses his banking skills to assist the corrupt warden in money laundering. The movie isn't just about Andy's eventual escape but also systemic corruption, misuse of power, and the need for reform.
The Indian criminal justice system, rooted in colonial-era laws, can be likened to the imposing walls of Shawshank. It's not just about the visible bricks and mortar (the dated Indian Penal Code, 1860, the Evidence Act, 1872 and Criminal Procedure Act, 1898) but the structures of power and control that have been perpetuated over the decades.
The Bharatiya Nyaya Sanhita (BNS), Bharatiya Sakshya (BS) Bill, and Bharatiya Nagarik Suraksha Sanhita (BNSS), introduced in Lok Sabha, signify much-needed renovation. However, as Foucault would suggest, this overhaul isn't just about replacing outdated statutes. It's about reassessing the foundations of justice, power structures, and societal relations.