Authored By: Taniya Yadav
The NorthCap University
INTRODUCTION
India once was envisioned as a democratic country rooted by its well-written constitution that is flexible enough to amend as new concerns arises. However, India is now facing an internal decay. This deterioration is not only economical or institutional rather its deeply legal, moral and ethical. Boasting “World’s largest democracy”, the rule of law is often veiled by arbitrary governance, religious polarization, judicial inconsistency and most importantly politicalization of fundamental rights. This article offers a legal and constitutional perspective on how contemporary India is gradually eroding from within.
JUDICIAL INCONSISTANCY
The Indian Judiciary has served as a mere protector of constitutional principles. Although, in present times, it reveals inconsistencies and ideological biases. Courts frequently issue contradictory rulings, For instance, in the Allahabad high court, where the recent judgments have blurred the lines between ‘morality’ and ‘legality’.
Recent bail orders have gained national criticism: Judge claimed that a rape survivor had “invited trouble herself” (March 11, 2025 by Justice Sanjay Kumar Singh)[1]. While another held that “grabbing a minor’s breast wasn’t an attempt to rape under POCSO” (March 19, 2025 by Justice Ram Manohar Mishra)[2]. A judge ruled that “a husband demanding sexual favors wasn’t cruelty”, rendering a legally problematic opinion (October 3, 2024 by Justice Anish Kumar Gupta)[3]. Further, bail was controversially conditioned on the “accused marrying the survivor” (February 20, 2025 by Justice Krishan Pahal).[4]
Such judicial arbitration and moral overreach weaken public trust on jurisprudence and erode the clarity and neutrality that the rule of law demands.
GENDER JUSTICE
India fails to deliver gender justice. While the crimes like marital rape remains decriminalized, women continue to suffer systematic violence, acid attacks, dowry death, workplace harassment and constant domestic cruelty. “The Justice Verma Committee (2013) recommendations” gathers dust, as political will remains weak.[5]
Similarly, the system is blind to ‘male victims’ being falsely accused (fake rape cases, misuse of dowry laws) Section 498A IPC. In numerous cases, men face excessive alimony orders with no clear calculation standard. Rajesh v. Neha (2020)[6] judgement tried to bring clarity, real-world implementations remain inconsistent at times, prejudiced. It is essential to address gender injustice without gender bias.
ANIMAL CRUELTY
India’s legal protection for animals is toothless. Under “Prevention of Cruelty to Animals Act” 1960, fines for cruelty on animals remain as low as Rs.50[7]. De facto, animals being raped, pregnant dogs are poisoned, puppies are burnt and stray animals are hacked, often with unaccountability.
Despite awareness campaigns and PIL’s being filed by activists like Maneka Gandhi, illegal pet trading & animal slaughter continues to exist.[8] The long pending legislation on animal protection “Animal Welfare Bill” remains caught in parliamentary stagnation.
CASTE-BASED DISCRIMINATION & RELIGIOUS POLARIZATION
Despite Article 15, being a fundamental right, the caste discrimination continues to determine access to the justice and dignity[9]. Manual scavengers (mainly Dalits) still die in sewers further facing systematic discrimination & caste-based violence. Simultaneously religious polarization motivated i.e., Anti-Sikh Pogroms (1984), Kashmiri pandit exodus (1990), Gujrat Anti-Muslim riots (2002), Kandhamal Anti-Christian Violence (2008), each representing communal brutality, state complicity and political gain[10] resulting in the breach of secular promise under Article 25 & Article 28 of the constitution.[11]
POLITICIANS WITH CRIMINAL BACKGROUNDS AND POOR EDUCATION
India’s democratic institutions are often compromised by the criminal backgrounds and poor educational qualifications of its lawmakers itself. According to Association for Democratic Reforms 43% of the Members of Parliament elected in 2019 Lok Sabha elections faced ‘criminal charges’, including serious offences (murder/rape/kidnapping etc.)[12]. For instance, BJP MP Pragya Thakur faces terror charges (under Unlawful Activities Prevention Act), RJD’s Mohammad Shahabuddin had multiple convictions ranging from murders to extortion. These individuals somehow not only escape disqualification but are also celebrated when re-elected.
In addition to these criminal records, many legislators lack basic educational qualifications (several have not completed school or they hold dubious degrees), making it difficult for them to grasp the complexities of lawmaking or uphold the constitutional moralities. Therefore, undermining the legislative pillar of democracy.
FREEDOM OF SPEECH, MEDIA SUPPRESSION & MISUSE OF INSTITUTIONS
India’s freedom of expression that is protected under Article 19(1)(a) is shrinking.[13] Comedians are jailed for jokes; journalists are arrested for reporting facts and students are often charged under anti-terror laws. Sedition and repealed Section 66A is blatantly exploited.[14]
India’s press freedom rank worsened i.e., 164/180 (2024).[15] Independent News Authorities face state raid, while propaganda spreads unchecked. CBI and ED (Law Enforcement Agencies) are weaponized against critics.[16] Institutions that were meant to uphold the constitution are now seen as extensions of political will.
UNEMPLOYMENT, INFLATION & YOUTH ALIENATION
Despite rising taxes, basic amenities like water, electricity and healthcare requires bribe or connections. Meanwhile inflation keeps rising due to these indirect taxes on essentials. India’s youth face unemployment (nearing 18%) provided with outdated education.[17] Student suicide (particularly in Kota), reveals the systematic failure. While NEP 2020 offered a vision but lacks teeth.[18] This economic alienation of youth drives many to seek future abroad, leaving behind a generation that feels unseen and unheard.
ENVIRONMENTAL DAMAGE
Forests are diverted for expressways, rivers still run toxic and EIA norms have been diluted.[19] The National Green Tribunal remains weak; tribal displacement often bypasses the Forest Rights Act and Article 21 protections.[20] Here, parliament functions for name, passing bills with lack of debates, disagreements and discussion about the consequences. Recent Vantara wildlife luxury project in Gujrat built on forest land without proper clearances revealing how environmental governance is being privatized and relabeled as conservation. While, ecological and indigenous rights are compromised to favor the elite interest.[21]
FINANCIAL INEQUALITY, PRIVATISATION & CORRUPTION
India faces a huge issue of financial inequality the wealth gap between rich and poor widen sharply, according to Oxfam’s 2023 report, the top 1% of Indians control over 40% of national wealth, while the bottom 50% owns just 3%.[22] Public assets are being sold off (Air India, LIC and Railways), enriching private sectors. Fugitive economic offenders (Vijay Mallya: Rs.9000+ crore default, Nirav Modi: Rs.11,400 crore fraud)[23] stays abroad with minimal accountability. Jay Shah’s saw exponential growth post 2014 (no formal probe despite scrutiny).[24] Several political leaders, former Tamil Nadu CM J. Jayalalithaa’s associate V.K. Sasikala is linked to disproportionate assets worth hundreds of crores. In Andhra Pradesh, Y.S. Jagan Mohan Reddy faced CBI and ED investigation (involving Rs.43,000 crore alleged assets). Karnataka’s D.K. Shivakumar declared assets over Rs.1,400 crore and Telangana’s political elites reportedly built estates (valued above Rs.1,000 crore) post 2014.
In 2023, Forest Survey of India flagged forest zone encroachments in Uttarakhand and Himachal Pradesh by politically connected builders (revealing that environmental laws are bypassed by powerful).[25] This economic disparity, unchecked political riches reflect systematic corporatization of governance.
WEAK OPPOSITION & DIMINISHING DEMOCRAY
India’s democratic structure suffers from weak oppositions. Since 2014, no leader of opposition has been officially recognized in Lok Sabha due to lack of numbers.[26] Over 95% of ED cases have been targeted upon the opposition leaders raising concerns over political misuse.[27] State government have been overpowered through engineered defections, weakening voter mandates, decline in parliament debates, sessions end with walkouts or adjournments, no institutional checks. With all this India risks becoming a one-party system in practice, eroding its foundational balance.
CONCLUSION
India’s deterioration is not a future crisis rather a current collapse, slowly unraveling through judicial inconsistencies, institutional misuse, rising inequality, corruption. When the dissent is silent, justice is delayed or denied, institutions are captured, people lose faith in law, the very idea of democracy dissolves. The constitution survives only through the vigilance of lawyers, integrity of judges, courage of handful of journalists and a major participation of netizens.
REFERENCE(S):
[1] Sanjay Kumar Singh J (Allahabad HC), bail order dated 11 March 2025, Nischal Chandak v State of UP, as reported in NDTV (10 April 2025) https://www.ndtv.com/india-news/allahabad-high-court-justice-sanjay-kumar-singh-she-invited-trouble-allahabad-high-court-judges-bail-order-in-rape-case-8131864 accessed 29 June 2025.
[2] Bhaskar English, ‘Grabbing a Minor’s Breasts Not Attempt to Rape: Allahabad HC’ (March 2025) https://www.bhaskarenglish.in/local/uttar-pradesh/news/supreme-court-rebukes-allahabad-high-court-over-comment-holding-victim-responsible-for-rape-15-april-2025-uttar-pradesh-latest-news-headlines-134844542.html accessed 29 June 2025.
[3] Times of India, ‘Demanding Sexual Favors From Wife Not Cruelty, Says Allahabad HC’ (22 October 2024) https://timesofindia.indiatimes.com/city/allahabad/allahabad-hc-rules-demanding-sexual-favors-from-wife-isnt-cruelty-sparks-controversy/articleshow/114155395.cms accessed 29 June 2025.
[4] India Today, ‘Accused Must Marry Survivor to Retain Bail, Rules HC’ (10 March 2024) https://www.indiatoday.in/india/story/allahabad-hc-conditions-bail-on-marriage-with-victim-controversy-2698371-2024-03-10 accessed 29 June 2025.
[5] Justice Verma Committee, Report of the Committee on Amendments to Criminal Law (23 January 2013) (Ministry of Home Affairs PDF) https://www.mha.gov.in/sites/default/files/2022-08/JS-VermaCommittee-2013%5B1%5D.pdf accessed 29 June 2025.
[6] Rajesh v Neha (2020) 3 SCC 310.
[7] Prevention of Cruelty to Animals Act 1960.
[8] Maneka Gandhi, ‘On Animal Abuse and Legal Inaction’ (People for Animals, 2023) https://www.peopleforanimalsindia.org accessed 29 June 2025.
[9] Constitution of India 1950, art 15.
[10] Human Rights Watch, ‘“We Have No Orders to Save You”: State Participation and Complicity in Communal Violence’ (2002) https://www.hrw.org/reports/2002/india/ accessed 29 June 2025.
[11] Constitution of India 1950, arts 25–28.
[12] Association for Democratic Reforms, Analysis of Criminal Background, Financial, Education, Gender and Other Details of MPs in 17th Lok Sabha 2019 (2019) https://adrindia.org accessed 29 June 2025.
[13] Constitution of India 1950, art 19(1)(a).
[14] Shreya Singhal v Union of India (2015) 5 SCC 1.
[15] Reporters Without Borders, ‘World Press Freedom Index 2024’ (2024) https://rsf.org/en/index accessed 29 June 2025.
[16] Indian Express, ‘ED and CBI Cases Largely Target Opposition: Analysis’ (2023) https://indianexpress.com/article/india/ed-cbi-targets-opposition-leaders-analysis-8476165/ accessed 29 June 2025.
[17] Centre for Monitoring Indian Economy (CMIE), ‘Unemployment in India – 2024 Report’ (2024) https://www.cmie.com accessed 29 June 2025.
[18] Ministry of Education, ‘National Education Policy 2020’ https://www.education.gov.in/sites/upload_files/mhrd/files/NEP_Final_English_0.pdf accessed 29 June 2025.
[19] Environment (Protection) Act 1986; Ministry of Environment, Forest and Climate Change, ‘Draft EIA Notification 2020’ https://moef.gov.in accessed 29 June 2025.
[20] Forest Rights Act 2006
[21] The Print, ‘Inside the Vantara Project: Lavish Wildlife Complex Raises Legal Eyebrows’ (2024) https://theprint.in/india/vantara-project-gautam-adani/ accessed 29 June 2025.
[22] Oxfam India, Survival of the Richest: The India Supplement (2023) https://www.oxfamindia.org accessed 29 June 2025.
[23] Press Trust of India, ‘Fugitive Economic Offenders: Timeline of Vijay Mallya and Nirav Modi Cases’ (2024) https://www.ptinews.com accessed 29 June 2025.
[24] The Wire, ‘Jay Shah’s Firm Grew 16,000 Times in One Year, No Probe Ordered’ (8 October 2017) https://thewire.in/business/jay-shah-company-turnover accessed 29 June 2025.
[25] Forest Survey of India, India State of Forest Report 2023 (MoEFCC, 2023) https://fsi.nic.in/hindi/ accessed 29 June 2025.
[26] Lok Sabha Secretariat, ‘No Recognised Leader of Opposition in 16th and 17th Lok Sabha’ (2023) https://loksabha.nic.in accessed 29 June 2025.
[27] The Hindu, ‘ED Targeted 95% Opposition Leaders: Report’ (15 July 2023) https://www.thehindu.com/news/national/ed-cases-political-targeting accessed 29 June 2025.
