Transforming India’s criminal justice system is an imperative endeavor for the country’s socio-economic development and the establishment of a just society. The current system, plagued by inefficiencies, procedural delays, and a lack of resources, often fails to deliver timely and fair justice. Reforming this system is crucial to uphold the rule of law, protect human rights, and ensure public trust in the legal apparatus. The transformation encompasses modernizing law enforcement, judicial processes, and correctional facilities, leveraging technology, and fostering transparency and accountability. As India aspires to be a global leader, a robust and efficient criminal justice system is foundational to its progress and the well-being of its citizens.
Tags: GS – 2, Polity & Governance– Constitutional Amendments – Judiciary – Government Policies & Interventions
Context:
- The recent case in Bareilly, Uttar Pradesh, where a woman was jailed and fined over an alleged false rape accusation, underscores significant systemic deficiencies within India’s criminal justice framework.
- The government extended the Fast Track Special Courts scheme till 2026 with increased funding.
- To prevent wrongful imprisonments and ensure prompt justice, police investigation protocols, prosecutorial autonomy, and judicial supervision need improvement.
What is the Structure of the Criminal Justice System in India?
- About:
- The criminal justice system ensures justice for offenders and victims, ensuring fairness and rights for the accused. India’s system relies on the Indian Penal Code (IPC) and Criminal Procedure Code, soon to be replaced.
- Main Pillars:
- Police: Conducts investigations and law enforcement under state jurisdiction.
- Judiciary: Interprets and delivers judgments, with the Supreme Court and High Courts overseeing.
- Correction System: Manages prisons, focusing on punishment and rehabilitation.
- Key Principles:
- Presumption of Innocence: Accused are innocent until proven guilty.
- Right to Fair Trial: Ensures a fair, public trial with defence and evidence presentation.
- Due Process: Legal procedures must be correctly followed for fairness.
What are the Major Challenges Related to India’s Criminal Justice System?
- Pendency and Delays in Justice:
- With over 5.02 crore pending cases as of July 2023, the judicial system faces a severe backlog, denying timely justice as each delayed case reflects systemic failure.
- Even “fast-track” courts, like in the Bareilly case, often exceed timelines, violating the right to speedy trial.
- Inadequate Resources and Infrastructure:
- India’s ratio of 21 judges per million people (December 2023) leads to overworked judges, rushed proceedings, and compromised judgments.
- Vacancies of 35% in lower judiciary and around 400 in High Courts exacerbate the issue, resulting in shoddy investigations and judicial delays.
- Politicisation of the Police Force:
- Despite the Prakash Singh v. Union of India (2006) judgement advocating separation of investigation from law and order duties, politicisation persists.
- Cases like the 2021 Lakhimpur Kheri violence highlight delays and political interference, undermining impartial investigations and eroding public trust in the police.
- Bail as the Exception, Not the Rule:
- Despite the Supreme Court’s directive in Balchand alias Baliay case V. State of Rajasthan (1978) to prioritise bail over incarceration, over 75% of India’s prison population are undertrials, with prisons operating at 130% occupancy.
- Certain acts like the Unlawful Activities (Prevention) Act shift the burden of proof to the accused, exacerbating bail challenges.
- Gender Bias in Sexual Violence Cases:
- Despite the Supreme Court’s condemnation of gender stereotypes in Aparna Bhat v. State of Madhya Pradesh (2021), instances like a Karnataka High Court judge’s remarks on a rape victim’s work schedule reveal persistent biases that hinder justice in sexual violence cases.
- Outdated Prison Manual and Mental Health Crisis:
- While the Model Prison Manual 2016 mandates mental health services, overcrowding and lack of care contribute to high rates of mental illness among prisoners.
- For example, Maharashtra, with 42,577 prisoners in 2022, had only one psychiatrist and two psychologists.
- Non-Implementation of Police Complaints Authority:
- Mandated by the Supreme Court in Prakash Singh (2006), Police Complaints Authorities (PCAs) to address grievances against the police remain largely unestablished or ineffective in most states, perpetuating police impunity.
- Human Rights Violations:
- India’s criminal justice system faces accusations of custodial torture, extrajudicial killings, false arrests, and illegal detentions, with 175 reported deaths in police custody during 2021-2022 alone.
What Measures Should be Adopted to Reform the Criminal Justice System in India?
- Transitioning to a victim-centric approach by offering dedicated support services, including counselling and legal aid navigation, empowering victims, and ensuring their voices are heard in court.
- Exploring AI for streamlined processes, identifying low-risk cases, and ensuring transparency to prevent bias.
- Increasing funding for legal aid and implementing performance-based incentives for providers to ensure quality representation, particularly for disadvantaged defendants.
- Urgent measures to curtail detention length and revise bail laws to prevent prolonged undertrial detention and full implementation of the Witness Protection Scheme with adequate funding and oversight to ensure safety.
- Mandatory training for judicial officers, integrating gender perspectives, and mechanisms to address gender bias.
- Mandatory segregation of inmates, comprehensive implementation of health insurance schemes, and improvements in infrastructure.
- Enhancing infrastructure and introducing case management systems for efficient resolution of cases.
| UPSC Civil Services Examination, Previous Year Question (PYQ) Mains: Q:1 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. (2014) Q:2 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. (2015) |
Source: TH
FAQs
1. What are the main challenges faced by India’s criminal justice system?
Answer: India’s criminal justice system faces several challenges:
- Overburdened Judiciary: There is a massive backlog of cases leading to delayed justice.
- Understaffed Police Force: A significant shortage of police personnel affects law enforcement efficiency.
- Prison Overcrowding: Overcrowded prisons due to high undertrial populations.
- Outdated Laws: Many laws are archaic and not suited to modern society.
- Corruption and Lack of Accountability: Issues of corruption and lack of accountability within the police and judiciary.
2. What reforms have been suggested to improve the efficiency of the judiciary in India?
Answer: Several reforms have been suggested:
- Increase in Judicial Strength: Appoint more judges to reduce case backlog.
- Technological Integration: Implement e-courts and digitize records for faster processing.
- Case Management Systems: Efficient case management to prioritize and expedite cases.
- Alternative Dispute Resolution (ADR): Encourage mediation, arbitration, and conciliation to reduce the burden on courts.
- Judicial Accountability: Establishing clear accountability mechanisms for judges to ensure timely justice delivery.
3. How can police reforms contribute to transforming the criminal justice system in India?
Answer: Police reforms can have a significant impact:
- Community Policing: Promoting community policing to build trust between the police and the public.
- Training and Capacity Building: Regular training for police officers on human rights, cybercrime, and modern investigative techniques.
- Accountability and Transparency: Establishing independent bodies to investigate police misconduct.
- Use of Technology: Leveraging technology like body cameras, CCTVs, and forensic tools to improve policing efficiency.
- Modernizing Infrastructure: Upgrading police stations and equipment to enhance operational capabilities.
4. What role do prisons play in the criminal justice system, and what reforms are needed?
Answer: Prisons play a crucial role in the correctional and rehabilitative process:
- Rehabilitation and Reintegration Programs: Implementing programs for skill development, education, and psychological counseling to help inmates reintegrate into society.
- Undertrial Management: Ensuring timely trials to reduce the undertrial population in prisons.
- Infrastructure Improvement: Upgrading prison facilities to prevent overcrowding and ensure humane conditions.
- Alternative Sentencing: Promoting non-custodial sentences for minor offenses, such as community service and probation.
- Legal Aid: Enhancing access to legal aid for prisoners to ensure their rights are protected.
5. How does the incorporation of technology influence the criminal justice system?
Answer: Technology can significantly transform the criminal justice system:
- E-Courts and Online Case Management: Streamlining judicial processes and reducing delays.
- Digital Evidence Handling: Efficient handling and storage of digital evidence to support investigations and trials.
- Forensic Advancements: Utilizing modern forensic science for accurate and timely crime investigation.
- Crime Analytics: Using data analytics and AI to predict and prevent crime.
- Transparency and Accountability: Enhancing transparency through the use of body cameras, CCTV, and online complaint portals.
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