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The Supply of Justice – Indira Rajaraman


The Great Brown Indian State has become a land grabber

The Great Brown Indian State has become a land grabber

The replacement of indigenous systems of justice by the colonial British system of jurisprudence radically reshaped the structure of property and other rights in the country. The implications of this implant in the legal landscape continue to be explored in a large literature by historians and economists.Painstaking surveys of the topography of the land were a necessary underpinning of the new legal system. The initial cadastral surveys performed more than one hundred years ago remain the basis for land rights to this very day. The new legal structure spawned a class of Indian lawyers who functioned as its gatekeepers for a bewildered population, and earned fabulous wealth by so doing. Ironically, some members of this class, Motilal Nehru prominent among them, ploughed their wealth into the movement for the eviction of the colonial government, the very means of their enrichment. (via Indira Rajaraman: The Supply of Justice).

The indigenous system

Going by official accounts and history, India did not have any system of justice before the Colonial Raj. The modern Indian State has eagerly embraced the Desert Bloc system of justice, law and legality. Indian people and Indic systems have been neglected and excluded by the Indian State. The Indian State is becoming a captive of Big Business and the Big State – and to keep Indians quiet, it is throwing crumbs and bones (like NREGA) at us.

It is good that parts of the ‘establishment’ do remember that there existed an indigenous system of justice, law and legality – which pre-dated the colonial system. It is a radically different system.

The Great Indian Land Grab continues

The Indian State must this temptation!

The Indian State must resist this temptation!

The Indian peasant was the first and the only peasant in the world to own his property – till ‘Desert Bloc’ rulers started a 800 year trend of ‘landgrab’. Yes. India does need to re-visit ‘general governance’! We need traditional governance – and not the ‘modern’ colonial baggage, that India has not discarded. We need to give back the lands that were grabbed from the poor Indian peasant and the poor Indian tribal.

And it would serve India very well.

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