Topic > Modern Criminal Justice System in India - 2949

The foundations of the criminal justice system in India can be traced back to its colonial power, Great Britain. Many institutions, laws and legal traditions and even the form of government in India derive from the United Kingdom. To examine India's criminal justice modernization system, it is necessary to study where this system descends from. Through colonialism, the legal tradition of English common law was introduced to the colony of British India. This led to the secularization of law and justice and the reconstruction of the criminal justice system. As Karl Marx stated, “India could not have entered the modern era without the influence of British colonialism” (Shahidullah, 2012, p.259). A central notion throughout postcolonial development is whether the imperialism of Western states hindered or transgressed modernity in former colonies. However, in this case, colonialism was a stimulus for the creation of modern criminal justice. India is known as the largest democracy in the world. Just like many other democracies, India has an electoral process, a Bill of Rights and a Constitution that protects the rights and freedoms of citizens, which the criminal justice system reflects. However, despite India possessing these characteristics, the state is still far from true democracy. Currently, India's electoral system has many flaws, as many citizens are underrepresented. According to the 2012 Democracy Index, compiled by the Economist Intelligence Unit, India is presented as an imperfect democracy; the country is ranked 38 out of 167 countries. The index is built on the principle "...electoral process and pluralism, civil liberties, functioning of government, political participation and political culture" (Democracy In...... middle of paper ......factor.Through During of modernization process, India is altering the social norm both internally and externally. Although it was a long process, colonialism helped India to bring about modern reforms. However, India is still in the process of modernization as it lacks of judicial accountability and independence, corruption is entrenched in all sectors of government and the criminal justice system, police brutality and torture are proliferating and there is an absence of a culture of rule of law, combined with the modernization that has exuberated these problems through a gradual increase in crime, globalization and modernization have also contributed to the advancement of human rights, such as gender equality. However, for India to continue on the path of modernity, it must eliminate the corrupt forces at within the government, the police and the courts..