9 months ago
Shakespeare's Influence in India's Legal System
William Shakespeare's plays and quotes have been very popular in India for a long time.
They have been used in important meetings and court cases.
In the 1940s, when India was making its constitution, people talked about Shakespeare to make their points.
Some wanted Hindi to be the main language, while others wanted to keep using English.
Shakespeare's words helped them explain their ideas.
Even today, judges use Shakespeare's stories to talk about things like freedom, fairness, and justice.
His words help make complicated ideas easier to understand.
So, Shakespeare is still important in India's legal system.
Shakespeare's works have been popular in India since the early 19th century, influencing both cinema and legal canons.
Members of India's Constituent Assembly frequently referenced Shakespeare during debates, particularly on language and cultural issues.
Shakespeare's quotes were used to anchor arguments in a long Western tradition of political texts and to dramatize points of view.
In postcolonial India, judges have continued to invoke Shakespeare in legal principles about identity, liberty, mercy, diversity, and human frailties.
Shakespeare's influence is seen in various legal judgments, from decriminalization cases to discussions on discrimination and mercy.
- Who
- William Shakespeare, Indian jurists, Constituent Assembly members, Indian judges
- What
- The influence of Shakespeare's works on India's legal system and Constituent Assembly debates
- Where
- India, specifically in the Constituent Assembly and various Indian courts
- When
- From the early 19th century to present, with specific references during the Constituent Assembly (1946-1949) and in recent legal judgments
- Why
- Shakespeare's works have been used to anchor arguments, provide moral authority, and illustrate legal principles in debates and judgments
Key facts
- Playwright
- William Shakespeare
- Time Period
- Early 19th century to present
- Key Figures
- VR Krishna Iyer, Sachchidananda Sinha, L Krishnaswami Bharathi, Algu Rai Shastri, TT Krishnamachari, Raj Bahadur, Zahirul Hasnain Lari
- Constitutional Assembly
- December 9, 1946 to November 26, 1949
- Language Debate
- Hindi vs. English
- Legal Cases
- Navtej Singh Johar v. Union of India, Ananda Sahu v. State of Orissa, Pebam Ningol Mikoi Devi v. State of Manipur, Gaurav Jain v. Union of India, Shayara Bano v. Union of India, Ajai Shanker Pandey v. Union of India, Alli Noushad v. Rasheed, Amina Nahna v. State of Kerala, Shivajirao Nilangekar Patil v. Mahesh Madhav Gosavi, Amar Singh v. State of U.P., Priyanka Pandey v. Secretary, Board of Secondary Education, Fathima Bibi v. Selvammal, Damordass Agarwal v. R. Badrilal
- Shakespearean Works Cited
- Hamlet, The Merchant of Venice, Romeo and Juliet, The Comedy of Errors, Othello, King John, King Lear, Henry VI Parts 1 and 2
Quotes
Supreme Court of India
Judicial body in India
“What’s in a name? That which we call a rose by any other name would smell as sweet”
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“The quality of mercy is not strained”
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Billings Learned Hand
American jurist
“It is important to a judge called upon to pass on a question of constitutional law, to have at least a bowing acquaintance with Thucydides, Gibbon, and Carlyle, with Homer, Dante, Shakespeare, and Milton, with Montaigne and Rabelais, with Plato, Bacon, Hume, and Kant ... For in such matters everything turns upon the spirit in which he approaches the questions before him.”
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L Krishnaswami Bharathi
Member from the Madras State in the Constituent Assembly
“The most unkindest cut of all”
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Algu Rai Shastri
Member from Azamgarh, Uttar Pradesh in the Constituent Assembly
“Just as the English people can take pride in their literature, in Shakespeare and Milton, we too can be proud of the works of our Kalidas, Tulsidas, Jayasi and Soordas. It will be a matter of deep shame for a country, which has developed a language of own, to frame its first free Constitution in a foreign language. The Hindi version of the Draft Constitution should be placed before this House as the original Draft of the Constitution, and the English version should be treated as only a translation.”
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TT Krishnamachari
Member from Tiruchendur in the Constituent Assembly
“I disliked it because I was forced to learn Shakespeare and Milton, for which I had no taste at all, but today it is no longer a matter of duress. I dread the imposition of Hindi in order to be a member of the Central Assembly, in order to speak out the grievances of my people. It would be impossible for me at my age, and the said language represented mostly Uttar Pradesh and the Central Provinces, and a number of people all over India do not understand the Hindi language.”
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Raj Bahadur
Member for the United States of Matsya in the Constituent Assembly
“Law’s delays have been proverbial ever since Shakespeare wrote Hamlet”
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Zahirul Hasnain Lari
Lawyer and member of the Constituent Assembly from the United Provinces (Muslim League)
“The problem of minorities is not unique to India. In all lands and in all climes there have been minorities and they have had to suffer. A writer, adapting Shakespeare, coined this epigram, 'Minorities must suffer, it is the badge of all their tribe'. It is superficial. It is not a profound truth. To me, it appears that justice to minorities is the bedrock of democracy.”
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Gurinder Pal Singh
Indian legal expert
“The influence on Indian jurisprudence is more than just a fleeting fancy. It is a testament to the enduring power of his words, his understanding of human nature, and his ability to capture the essence of complex emotions and situations. Perhaps there’s something to be said for injecting a bit of poetry and drama into the often dry and, occasionally, Shakespeare-fearing precincts of lawyers.”
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