Ever since India attained Independence in 1947, India has been struggling to implement Roman jurisprudence with an alien Constitution framed on Government of India Act 1935 which suited the needs of a colonial regime.

The criminal and civil jurisprudence are essentially copies from the British practices.

In a social order, all laws should be in harmony with the traditions which have evolved over millennia. India has had the privilege of jurisprudence even for corporate entities called s'reni (guilds) a thousand years before Rome invented the Corporation. There were Hindu laws to enforce law and order right from the panchayat (janapada) level brilliantly and precisely documented in ancient law books called Dharma Sutra.

The basic foundation for administering the justice system (nyaaya) was a team of elders who were elected from within the community. A stellar example is the Uttaramerur Inscription of 12th century which prescribes the procedures for election -- using secret ballot -- of members of village committees to oversee social and civil works such as maintenance of roads, village tanks, temples. Juridprudence also extended to the laws and customs regulated by jaatis and s'renis as autonomous institutions, yet subject to overarching state power which had to be consistent with the local, institutional governance regulations.

These systems which had been built up from the janapada upward were desiccated by the centralised colonial systems of the British-ruled state. A sad legacy which is perpetuated in India's written Constitution.

It is time to direct the Law Commission to make a thorough review of the present systems of jurisprudence and the imperative of instituting a Uniform Civil Code to truly reflect a just polity assuring fair and equal treatment to all citizens.

Ganguly's case is NOT a fit case for reference to the Supreme Court for opinion. It is ridiculous that the SoniaG UPA government does not know what a prima facie indictment is.

Under the laws of evidence, a procedure has existed for millennia for lodging complaints and for investigating the complaints.

Any tom, dick and harry can raise his or her voice through the boisterous media and seek to receive attention on spurious, misguided or mischievous complaints. The justice system should not be strained looking for direction from the highest court of the land to go back on these time-tested procedures of gathering, and evaluating evidence by the police forces and ultimately by the courts of law.

Why is this procedure being circumvented instead of asking the complainant to lodge a complaint and allow the law to take its course? 

This perversion of jurisprudence has occurred because the State is increasingly being run by corporate interest groups. If a judge gives an adverse judgement against such interest groups as it happened in the case of the 2G scam investigations, the judge becomes a soft target for all types of innuendoes to discredit him or her.

This seems to have happened in the case of Stella James' complaint against AK Ganguly. 

Both should litigate the issue through the judicial processes instead of playing charade games through blogposts or the State playing its own political game making Presidential references.

This will only bring discredit to the rule of law in force in India and make it a banana republic chewing the cud of dirty politics and diverting public attention from issues of abhyudayam and measures of social welfare to bring India to the status she had in 0 CE at the turn of the millennium, accounting for over 25% of the World GDP.

Surely, there are many issues in jurisprudence which should get priority rather than the silly complaint involving semantics of sexual harassment, advances or improper conduct.

On another plane, State cannot be the regulator of improper conduct. There is a system of extended joint family which regulates personal conduct which is a reflection of the social mores governed by dharma. 

Justice Ganguly has suffered enough by the innuendos and prima facie indictments without applying the due process of law.

Enough Stop this charade, SoniaG UPA.

Kalyanaraman

Published: January 2, 2014 20:29 IST | Updated: January 3, 2014 01:36 IST