“Samhitas for all Seasons”, 9 September 2023
Scope and Contents
The Upendra Baxi Collection is a digital collection that currently comprises a single series, Bibliography. This series is organised into several subseries, including Published Academic Articles, Published Book Chapters, Published Books, Published Book Reviews, Published Lectures and Presentations from Conferences and Seminars, Newspaper Articles, Letters and Correspondence (Mathura Rape Case), Other Media, and Media Articles by Others on the Mathura Rape Case.
Dates
- Publication: 9 September 2023
Creator
- Upendra Baxi (Author, Person)
- Sharunya (Archives Intern, Person)
- Meghashree Dev (Processing Archivist, Person)
Full Extent
From the Collection: 250 Megabytes
Language of Materials
English
Abstract
Prof. Upendra Baxi introduces three bills replacing colonial criminal codes: Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Bill. He critiques the "decolonization" narrative, arguing reforms prioritize crime control over due process while retaining most IPC provisions. Baxi distinguishes decolonizing law from decolonizing justice, noting reforms fail to address "epistemic violence" and elitism. He advocates for three modern criminology principles: de-criminalization, de-penalization, and de-institutionalization. The Parliamentary Standing Committee should ensure reforms comply with constitutional fundamental rights and international human rights obligations under Article 51, considering whether enhanced sentences and prolonged detention truly decolonize or merely re-colonize Indian criminal justice. In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository