Comparative Jurisprudence Of Forgiveness: Lessons From Transitional Justice And The Indian Constitutional Reimagination
- IJLLR Journal
- Aug 13
- 2 min read
Jagrti Kurra, BBA. LLB (Hons.), School of Law, UPES
ABSTRACT
Forgiveness enters as what law cannot codify, but the society still needs
Forgive, under the Oxford Dictionary means to stop feeling angry or resentful towards someone for an offence, flaw or mistake. But, according to the Gita, in verse 3, Chapter 16- it means to relinquish the desire for revenge and allowing emotional wounds to heal, rather than forgetting the offence. This paper connects and jointly examines law, jurisprudence, and forgiveness. While these three may look like they do not belong together, countries and philosophers have proven that societal changes can be achieved through forgiveness when they seek it. In this paper we shall look through the history of countries which have effectively used forgiveness as a tool and then discuss alternative reimaginations of countries which could have used forgiveness in their constitutional history.
The paper will trace the history of South Africa, a prominent example of a country which used forgiveness as a basis of establishing new regime. Then we would travel through Canada, Sierra Leone, and Rwanda. These countries used a common tool known as Truth and Reconciliation Commissions, all in their own different ways, affected by need and history both. Then we would move to countries’ alternative reimaginations what would have happened had India had considered a forgiveness model for strengthening their constitutional and societal morality.
The manner this paper unfolds will be as follows:
1) Introduction- to forgiveness in law and how legal philosophers and scholars define it.
2) Tracing the South African example for using forgiveness post- independence.
3) Delving into comparisons between South Africa, Canada, Sierra Leone, and Rwanda.
4) Re-imagining and brining Forgiveness into the Indian Legal History.
5) Conclusion.
