A Case Comment on ‘K. M. Nanavati v. State of Maharashtra’ 1961
Legal methods project ___________________________________________________________________________
Submitted to: Professor Amita Dhanda
Submitted by: Rahul Sibbal (1st year BA-LLB)
NALSAR UNIVERSITY OF LAW, JUSTICE CITY, HYDERABAD
Introduction “Love Affair to go on floors by year end” reads an article in the Indian Express .
The movie; to be directed by Soni Razdan draws its inspiration from the case K.M Nanavati vs. State of Maharashtra. …show more content…
Legal realism states that the decision made by the judge is not only on the basis of the legal framework but also factors like public opinion, bias, prejudice .political opinion. I want to widen the scope of the above proposition by extending the proposition to not only the judge but to all decision making bodies. This will make juries fall under the purview of legal realism. Hence we can easily analyse the mistakes of the jury through the lens of legal realism .For example the decision of the jury in the Nanavati case was a clear example of non-legal factors affecting the decision of the jury. It was because of this flaw that the 14th report of the law commission of India recommended the abolition of the jury system in India. Hence any proposal regarding the introduction\abolition of the jury should be analysed through the lens of legal realism .Almost everyone knows that the public opinion was divided on socio-ethnic lines between Sindhis and Parsis in the Nanavati case .However, how many people know the composition of the jury which decided in favour of Nanavati?
The 9 member jury consisted of - 2 Parsis, 2 Christians and 5 Hindus .No where am I implying that the members of the jury would decide be solely on the basis of their religion. However coming from different religions, areas castes gives one different perspective and some to level a degree of bias. Juries were abolished after the Nanavati case which was the appropriate thing to do for a country like India, which is more a collection of nationalities (cultures) instead of a
Legal methods project ___________________________________________________________________________
Submitted to: Professor Amita Dhanda
Submitted by: Rahul Sibbal (1st year BA-LLB)
NALSAR UNIVERSITY OF LAW, JUSTICE CITY, HYDERABAD
Introduction “Love Affair to go on floors by year end” reads an article in the Indian Express .
The movie; to be directed by Soni Razdan draws its inspiration from the case K.M Nanavati vs. State of Maharashtra. …show more content…
Legal realism states that the decision made by the judge is not only on the basis of the legal framework but also factors like public opinion, bias, prejudice .political opinion. I want to widen the scope of the above proposition by extending the proposition to not only the judge but to all decision making bodies. This will make juries fall under the purview of legal realism. Hence we can easily analyse the mistakes of the jury through the lens of legal realism .For example the decision of the jury in the Nanavati case was a clear example of non-legal factors affecting the decision of the jury. It was because of this flaw that the 14th report of the law commission of India recommended the abolition of the jury system in India. Hence any proposal regarding the introduction\abolition of the jury should be analysed through the lens of legal realism .Almost everyone knows that the public opinion was divided on socio-ethnic lines between Sindhis and Parsis in the Nanavati case .However, how many people know the composition of the jury which decided in favour of Nanavati?
The 9 member jury consisted of - 2 Parsis, 2 Christians and 5 Hindus .No where am I implying that the members of the jury would decide be solely on the basis of their religion. However coming from different religions, areas castes gives one different perspective and some to level a degree of bias. Juries were abolished after the Nanavati case which was the appropriate thing to do for a country like India, which is more a collection of nationalities (cultures) instead of a