RSS Chief Advocates For Legal System Based On Ethos Of Society

Q11B

New Delhi: RSS chief Mohan Bhagwat has pushed for  reforms in law by stressing on the need to develop a legal system based on the "ethos of the society".

Addressing the concluding ceremony of the silver jubilee celebrations of the AkhilBharatiyaAdhivakta (Advocates) Parishad in Hyderabad, Bhagwat said though the new Constitution was drafted after Independence, some old laws were taken from foreign sources.

"Our constitution was written based on the understanding of the 'Bharatiya' ethos of our founding fathers, but many of the laws that we are still using are based on the foreign sources and that laws were made as per their thinking...seven decades have passed since our independence...this is something we must address," he said.

Bhagwat demanded that entire system be based on the ethos of the society. "Our legal system should also be based on such ethos. A discussion and debate should be held on this. After a comprehensive national debate, we will have to arrive at a consensus and such system should be made available to people.

It should be such that it not only benefits our country but also sets an example for other countries," he said. "...Other nations have their own jurisprudence. But does our jurisprudence reflect the moral and value systems of our society?" he asked. The Sangh chief referred to the trial of revolutionary BirsaMunda and 400 tribals by the British for leading an armed struggle for independence.

"Unfortunately, what the tribals were saying was being misrepresented by the interpreters and there was a huge gap between what the (trial) judge was saying and what the accused were saying. This gap seems to exist even today.

"Our justice system is under the ambit of the legal framework but what is legal may not be morally right. For example, during the Emergency, police had the right to shoot anyone and one could not ask a question. Legally, the police were right but morally....?" he questioned.

Recalling his interaction with Pranab Mukherjee, Bhagwat said he asked the former president the definition of legality. "I recently asked Pranab Mukherjee about what is the definition of legality. He said morality is legality. Then I asked him is vice versa true?" he asked.

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