Open Access Research Article
HAS INDIA TRULY DECOLONISED ITS LAWS? STATUTORY REPLACEMENT VERSUS STRUCTURAL INSTITUTIONAL REFORM
Abstract
This article examines whether independent India has genuinely decolonized its legal system or merely replaced the names and nomenclature of colonial statutes. By examining the British imperial legal foundations—built under the Police Act of 1861 and the Indian Penal Code of 1860 to maximize state authority and public containment—this paper highlights the historical imbalance between state power and individual liberty. It highlights the Constitution of India as a powerful, transformative text that completely inverted this dynamic, elevating individuals from passive colonial subjects to sovereign, rights-bearing citizens protected by Articles 14, 19, 21, and 32.Evaluating the criminal law overhauls that commenced on 1 July 2024—the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA)—this study argues that statutory replacement alone cannot achieve genuine decolonisation. While these reforms modernize legal processes and introduce digital frameworks, they maintain broad state-centric coercive powers. Ultimately, this article concludes that true decolonisation is an ongoing project. It must not be measured by changing statutory text, but by enforcing deep institutional accountability, protecting individual dignity, ensuring fair procedure, and transforming top-down bureaucratic reflexes to actively protect sovereign citizens from state overreach.
Published Paper
Author Details
Authors: SNEHA KUMARIRegistration ID: 1013451 | Published Paper ID: IJLRA13451Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 2280-2295
Article Information
HAS INDIA TRULY DECOLONISED ITS LAWS? STATUTORY REPLACEMENT VERSUS STRUCTURAL INSTITUTIONAL REFORM
Authors: SNEHA KUMARI
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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