Decolonising the Legal System: Madhavi Divan's Call for Change

Madhavi Divan, senior advocate, emphasized the enduring echoes of colonial repression in India’s legal system, likening emergency powers to colonial rule. Speaking at a Constitution Day event, she advocated for decolonization as reclaiming culture, freedom, and sovereignty while addressing outdated laws and the need for a Universal Civil Code.

In a significant address on Constitution Day 2024, senior advocate Madhavi Divan highlighted the lingering remnants of colonial repression within India's legal framework. She drew parallels between historical emergency powers and colonial governance, emphasizing the need for cultural, economic, and psychological freedom as part of the decolonization process.

Speaking at the Adhivakta Parishad event themed 'Decolonisation: Supreme Court Judgments and the Indian Constitution,' Divan called for a shift away from a subservient mindset entrenched by centuries of foreign rule. She lamented over outdated laws, like those concerning sedition and modesty, that echo Victorian-era values, arguing that they hinder true sovereignty.

Divan advocated for a Universal Civil Code to address legal disparities impacting women, and critiqued the Supreme Court's handling of minority institutions, stressing a balanced approach that supports both minority and majority institutions without undue restriction.

(With inputs from agencies.)