British Legacy in India

India was called “British India” for almost a 100 years, from 1858 till 1947. Certainly there have been developments in India in the past 70 years; it is undeniable that there are remnants of the British legacy still found in corners of Indian streets. From the khaki colour of the Indian police uniform, to becoming the second largest English speaking nation in the world (BBC), though the attribute for this is the exploding Indian population, vestiges of the British Raj can still be found in the people here.

The above speculations gain ground when we observe the Indian Constitution and the Indian Penal Code, which still have many laws that came into being during the British Raj, to help the crown gain more and more control over the people.

1. Section 377- This law states, in informal words, that oral or anal sex is a criminal offense in India. Now this law is open to interpretations, and many a times, magistrates wrongly interpret it as criminalizing homosexuality. This article came into being in 1860.

Homosexuality was partially decriminalized in Britain in 1967, and completely repealed in 2013. In India however, homosexuality is against the nature here, and is an influence of the “western culture”.
Under 377, beastly sexual intercourse is also criminalised, and in my opinion, this clause does not need to be amended.

2. Section 124A – Sedition, that stops people from exciting disaffection towards the government, was solely to help the British crown gain control over the masses in 1870. It serves no purpose anymore, since the government in power in India is a democratically elected one, not a monarchy or dictatorship.

Moreover, being representatives of the people of India, the government should be liable to hear the dissatisfaction against it.

3. Family Laws – Under the British Raj, religious groups were discouraged from going to the state courts to settle disputes pertaining family matters, on the grounds that they should have separate mechanisms for such things which have knowledge about their religious laws. Every religion has freedom to exercise its personal laws in India.

In a heady move, the first of its kind in India because it was the first time personal laws were criminalized, the Supreme Court stated that Triple Talaaq was a punishable offense in 2017.

Such parallel law systems are not recognized in UK.

4. Dramatic Performance Act 1876 – The British Raj realized that theatre and plays were being used as a tool to incite people to overthrow the government, and hence imposed this law.

It still continues to work in India, though many states have made amendments to the law, some for the better but a few definitely for the worse.

The dramatic performance act can be interpreted as opposing the freedom of speech.

5. Indian police act 1861- the British Government established a police force to help the government in case of a revolt against the government. The police force was answerable to the crown.

The act is continued even now, with the police force under the will of the Chief Minister of the state. The State Government decides the salaries, positions and transfers of the police personnel’s. An amendment in this law was suggested by the Verma commission in 2013, which has been left forgotten in the parliament.

Excerpts frpm The Indian Express, Jagran Josh and Indian Kanoon.