Decolonising Justice in India: A Solidarity-Based Approach to Post-Colonial Justice

The Panchayats in India do not function through an adversarial approach but rather through a conciliatory approach to achieve relational justice rather than punishment. The source of this approach lies in Gandhi’s conception of a solidarity-based society rooted in mutual trust and respect for everyone. The Panchayats suffered a catastrophic event with the colonization of India which almost led to its extinction until it was mimetically revived after independence. However, during this time the colonial juridical field had become entrenched within the Indian society. The people in India were simply unable to adapt their practice and habitus when dealing with this new concept of law and the agents within the field simply could not comprehend the rules of the game itself. The character of the symbolic capitals within the field changed and in the absence of any clear rules of the game structural corruption was introduced into the field.