Why is the legal code so primitive?

Community Forums Legal Advice India Why is the legal code so primitive?

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    • #802 Reply
      Braveseeker4497
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        Braveseeker4497
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        May 7, 2025 at 5:26 pm
        I think Indian law is fine. The main issue is that in many cases, even though most international legal systems have direct sections or procedures dedicated to specific matters, we don’t have these. For example, insanity and sanity are not defined; hence, I believe every time you are given a case related to this, you kind of have to jump through hoops to actually make sure your client receives the due process they need.

        If there was a definition of sanity or insanity, it would make everyone’s lives way easier. In the current scenario, even when a patient has been in treatment, a medical professional cannot effectively vouch for them because you need to prove lack of proper mental state at the time the incident happened-which is not only hard but also really stupid.

        This is just one of the many issues I’ve found. Some more common ones would be the lack of proper food safety, consumer safety, and labor laws in India-or rather, the lack of actual enforcement. The biggest issue is the lack of prenuptial agreements and divorce being unbiased (not affiliated with any religion). Why do we still have religion-based succession laws? Wouldn’t it be better to have generalized ones? I can understand gendered or even caste bias in the law, but religion also?

        I can understand why safety laws are bad-probably because rich people lobby to not have them enforced, as well as due to corruption. The same applies to religion-based laws because of politics. But why not have insanity defense and mental health-related laws? Or why not make the legal process more efficient?

        The fact that divorce isn’t properly written down in the law makes divorce proceedings go on for far too long-and almost every criminal case too because of this wierd babu culture with police and lower court judges . If you can’t give us justice, why should we uphold the law? Why not take it into our own hands? Since from all possible explanations on how real life works, it’s easier to get out of a charge than to stick a person with one and get them convicted-at least if you have money.
        ( Ps repost because I forgot to add proper punctuation and I understand this is prolly a very ametuerish take on the situation but let’s be honest our legal system is inefficient and that’s the biggest issue)

      • #804 Reply
        Mightysmriti3638
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          Mightysmriti3638
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          May 7, 2025 at 5:34 pm
          India inherited all laws from the British. Even though the Modi government changed its name to BNS (Bharatiya NAya Sanhita) sections were basically copy-pasted from the British laws to BNS. India’s judicial system, the police, the civil services are all from the British era.

          If you really think about it – the British set up these institutions in India to benefit the crown. They exploited the common man with these ridiculous laws and corrupt judiciary and police to wreak havoc on the Indian psyche.

          Once the British left, the elites took over these institutions and thus began the 80+ years of exploitation of the common man by the corrupt politicians and business elites of this country.

          If you want efficient laws, you need to get rid of British era institutions and create ones that work for the citizens of India from the ground up, one brick at a time.

          Otherwise, India is doomed to be a low-income country always at the heels of bigger countries like China, EU, US, etc

          • #806 Reply
            Braveseeker4497
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              Braveseeker4497
              OP
              May 7, 2025 at 5:40 pm
              Are u a law grad ?

              • #808 Reply
                Mightysmriti3638
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                  Mightysmriti3638
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                  May 7, 2025 at 5:46 pm
                  I’m an anthropologist by profession. I study people and societies.

                  • #810 Reply
                    Braveseeker4497
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                      Braveseeker4497
                      OP
                      May 7, 2025 at 6:01 pm
                      Fair enough yeah mostly issue like most things is lack of emphasis on decolonialisation but Id like to think people are more class conscious now atleast people who are educated.

              • #803 Reply
                Braveseeker4497
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                  Braveseeker4497
                  OP
                  May 7, 2025 at 5:42 pm
                  I’m sure a lot of lawyers and proffessionals in the field have been asked this I’d love to know the opinions on somone who’s working in law or is a law grade since they get nuance

                  • #805 Reply
                    Mightysmriti3638
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                      Mightysmriti3638
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                      May 7, 2025 at 5:45 pm
                      You’re going to ask the thief what he thinks of burglary?

                      • #807 Reply
                        Braveseeker4497
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                          Braveseeker4497
                          OP
                          May 7, 2025 at 6:00 pm
                          Woah buddy ur genralising and entire professions a lot of lawyer actually try to address ur forgetting about people in proffessions who dedicate themselves to social causes or fight for people who don’t have the financial means to hire a good lawyer let’s not let this thread become about villanising lawyers or civil sevants or police I want perspective and acknowledgment what is actually an issue and if it’s being addressed or ie trying to learn not demonise someone for they’re career choice black sheep are everywhere doesn’t mean you generalise and demonise a whole profession that’s the most anti intellectual and toxic thing anyone can

                          • #809 Reply
                            Mightysmriti3638
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                              Mightysmriti3638
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                              May 7, 2025 at 6:03 pm
                              only 1% are good. the rest are part of the system that exploits the common man and common woman. If you don’t see that from where you’re sitting, you need to get out of your ivory tower and get to the ground at the grassroots level.

                              • #811 Reply
                                Braveseeker4497
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                                  B
                                  Braveseeker4497
                                  OP
                                  May 7, 2025 at 6:09 pm
                                  Yes you are right but that’s true for the general public the people ur referring to don’t have access to proper internet or even the resource to comment here if u have the means to bring this up u are part of the minorityy of the people who are well off so really ur logic is a bit flawed if I apply ur logic were all part of the exploiters Again discourse isn’t about assuming this but getting to know the opinions even if you were right lack of understanding is bad I posted this to gain perspective not for debate

                                  • #812 Reply
                                    Mightysmriti3638
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                                      Mightysmriti3638
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                                      May 7, 2025 at 6:18 pm
                                      Fair enough.

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