The recent BBC Panorama documentary that highlighted the views of some members of the younger generation in the UK who believe that the Prince of Wales, Charles, is an embodiment of an unequal society, raises questions about legal issues that might arise in India.
Given the differences in the constitutional structure between the United Kingdom and India, it is difficult to draw a direct analogy between Charles and the Indian system. However, the documentary raises broader issues of inequality and privilege that are relevant to the Indian context.
In India, the law plays a crucial role in promoting social justice and equal opportunities. The Constitution guarantees equality before the law and prohibits discrimination on the grounds of religion, race, caste, sex or place of birth. However, in practice, a range of social, economic and cultural factors continue to create inequities in Indian society.
One area that is often associated with privilege is inheritance. In India, traditional inheritance laws have tended to favor male heirs, which has contributed to historic gender inequality. However, there have been a number of recent legal developments that have aimed to address this issue. For example, the Hindu Succession Act was amended in 2005 to give daughters and granddaughters equal rights to inherit property.
The issue of privilege is also relevant in the context of higher education in India. A recent study by Professor Sukhadeo Thorat found that Indian universities continue to be dominated by students from privileged backgrounds. He argues that this is a result of a range of structural factors, including inadequate funding for public universities, subsidization of private universities, and the lack of affirmative action policies for disadvantaged groups.
Another area where privilege can play out is in corporate governance. In India, the Companies Act and other regulations require companies to follow principles of good corporate governance, such as transparency, accountability and fairness. However, in practice, there are frequent reports of companies flouting these norms, particularly with regard to executive compensation, insider trading and related-party transactions. The existence of powerful business families and conglomerates can create further inequalities.
Finally, the issue of privilege can also be seen in the context of access to justice. While the Indian legal system provides for equal access to justice, there are significant disparities in practice. For example, those who are economically disadvantaged or belong to marginalized communities may face barriers in accessing legal aid, navigating the court system or enforcing their rights. Legal aid schemes and public interest litigation have been used to address some of these issues, but there remain significant challenges.
Overall, while the specific issues highlighted in the Panorama programme are not directly relevant to the Indian context, the broader discussion of privilege and inequality is highly relevant. The law plays a critical role in promoting social justice and equal opportunities, and there are a range of legal and regulatory instruments available to address issues of privilege in India. However, these efforts must be coupled with broader social and economic reforms if they are to achieve lasting change in Indian society.
Need legal advice? Contact NRI Legal Services