Overhauling the criminal justice system is an imperative task that demands immediate attention. The existing system, riddled with inefficiencies and inequalities, has created a significant gap between the law and the pursuit of justice. This yawning divide is evident in various aspects, including the disproportionate representation of certain demographics in the prison population, the prevalence of lengthy and sometimes unjust sentences, and the inadequacy of rehabilitation programs. The editorial argues that a comprehensive reform is essential to bridge this gap, emphasizing the need for legislative changes, increased investment in community policing, and a shift towards restorative justice practices. By addressing systemic flaws and ensuring a fair and balanced approach, the criminal justice system can better fulfill its fundamental role in maintaining social order while upholding the principles of fairness and equality before the law.
Tag: GS-2 Polity
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Three Bills have been introduced by the government to replace the foundational laws that underpin the criminal justice system.
About criminal justice system
- The criminal justice system comprises laws, procedures, and institutions designed to prevent, detect, prosecute, and penalize crimes, while safeguarding the rights and safety of individuals.
- This includes entities such as police forces, judicial institutions, legislative bodies, and supportive organizations like forensic and investigation agencies.
Proposed Changes in Legislation
Bhartiya Nyaya Sanhita Bill, 2023
- Defines terrorism and related offenses.
- Repeals the offense of sedition.
- Prescribes capital punishment for mob lynching.
- Proposes 10 years imprisonment for deceptive sexual intercourse.
- Introduces community service as a punishment.
- Sets a maximum limit of 180 days for filing charge sheets.
Bhartiya Nagarik Suraksha Sanhita Bill, 2023
- Promotes the use of technology in legal proceedings.
- Mandates video-recording of statements in sexual violence cases.
- Requires police to inform about complaint status in 90 days.
- Restructures Section 41A of CrPC for arrest approvals.
- Involves victims in case withdrawals.
- Allows trials in absentia for absconding criminals.
- Empowers magistrates with electronic record cognizance.
- Sets timelines for filing mercy petitions in death sentences.
Bhartiya Sakshya Bill, 2023
- Defines electronic evidence and outlines admissibility criteria.
- Specifies provisions for DNA evidence admissibility.
- Recognizes expert opinions as valid evidence.
- Establishes the presumption of innocence as a fundamental principle in the criminal justice system.
Challenges in India’s current criminal justice system
Pendency of Cases
- Over 4.7 crore cases pending, causing delays and eroding trust.
- Violation of the right to a speedy trial.
Lack of Resources and Infrastructure
- Inadequate funding, personnel, and facilities.
- Shortage of judges, prosecutors, police, and legal aid lawyers.
Poor Quality of Investigation and Prosecution
- Ineffective, biased, and non-professional investigations.
- Influence from political interference, corruption, and accountability issues.
Human Rights Violations
- Accusations of human rights abuses, including torture, extrajudicial killings, false arrests, and unfair trials.
Outdated Laws and Procedures
- Legal framework from 1860 not addressing modern crimes like cybercrime and terrorism.
Public Perception
- Unfavourable police-public relations due to perceptions of corruption, inefficiency, and unresponsiveness.
Utility of current reforms
- Removal of Section 124A to address misuse against dissenters and government critics.
- Inclusion of terrorism, corruption, mob lynching, and organized crime.
- Extension of victim and offender categories to include men, women, and transgenders.
- Enhanced use of electronic evidence and forensics throughout the legal process.
- Ability to file police complaints at any station, irrespective of the crime location.
- Ensuring effective protection of citizens’ constitutional rights, including the right to life, liberty, dignity, privacy, and a fair trial.
Loopholes in current reforms
- The proposed bills, developed by the Criminal Law Reforms Committee in 2020, face criticism for lacking consultation and transparency, potentially violating human rights, and exhibiting inconsistency.
- The absence of representation from key stakeholders and the lack of public disclosure for wider feedback raise concerns.
- Specific provisions, such as the introduction of vague terms and broad offenses, are highlighted for their potential impact on human rights, including free speech suppression.
- The bills are also criticized for inconsistencies between themselves and existing laws, raising questions about coherence and clarity in the proposed legal framework.
Way Forward
- Broad Consultation: Engage all stakeholders, including the public, for diverse perspectives before implementing reforms.
- Human Rights Protection: Clearly define and narrow vague terms, explicitly incorporating human rights principles to prevent potential misuse.
- Legal Framework Consistency: Ensure coherence across proposed bills and existing laws for a comprehensive legal structure.
- Technology Integration: Implement technology for evidence collection, online proceedings, and video-recorded statements for faster trials and transparency.
- Capacity Building: Invest in training, recruitment, and infrastructure for law enforcement, judiciary, and legal aid services to enhance efficiency.
- Restorative Justice: Adopt restorative justice principles to address crime root causes, reduce recidivism, and provide closure to victims.
- Public Awareness: Conduct awareness campaigns to educate the public about their rights and responsibilities within the criminal justice system for improved police-public relations.
| UPSC Previous Year Questions Prelims (2008) Q. For which one of the following reforms was a Commission set up under the Chairmanship of Veerappa Moily by the Government of India? (a) Police Reforms (b) Tax Reforms (c) Reforms in Technical Education (d) Administrative Reforms Ans: (d) Mains (2014) Q. We are witnessing increasing instances of sexual violence against women in the country. Despite existing legal provisions against it, the number of such incidences is on the rise. Suggest some innovative measures to tackle this menace. Mains (2015) Q. Mob violence is emerging as a serious law and order problem in India. By giving suitable examples, analyse the causes and consequences of such violence. |
Source: TH
Frequently Asked Questions (FAQs)
FAQ: Why is there a need to overhaul the criminal justice system?
Answer: The current criminal justice system faces significant challenges, including systemic biases, over-reliance on punitive measures, and inadequate rehabilitation. Overhauling the system is essential to address these issues and create a fair, effective, and equitable system that better serves the interests of justice and society.
FAQ: How can we ensure that an overhaul of the criminal justice system promotes fairness?
Answer: Fairness can be promoted through various means, such as revising sentencing guidelines to eliminate disparities, implementing community policing strategies to build trust, and incorporating restorative justice practices. By focusing on evidence-based policies and addressing systemic biases, the criminal justice system can strive for fairness and equal treatment for all individuals.
FAQ: What role does legislation play in the overhaul of the criminal justice system?
Answer: Legislative changes are crucial for a comprehensive overhaul. Reforms may involve updating sentencing laws, revisiting drug policies, and implementing measures to reduce mass incarceration. Legislation can pave the way for systemic changes that align with contemporary societal values and priorities.
FAQ: How can community involvement contribute to the transformation of the criminal justice system?
Answer: Community involvement is key to a successful overhaul. Engaging communities in decision-making processes, supporting community policing initiatives, and establishing partnerships between law enforcement and local organizations can foster trust and collaboration. This inclusivity ensures that the criminal justice system reflects the needs and values of the communities it serves.
FAQ: Will overhauling the criminal justice system be a costly endeavor?
Answer: While initial investments may be required, a well-executed overhaul can lead to long-term cost savings. By shifting the focus from incarceration to prevention and rehabilitation, resources can be reallocated more efficiently. Additionally, the societal benefits of reduced recidivism and a fairer, more effective system can outweigh the initial costs of implementing necessary reforms.
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