Reform in India's Criminal Justice System

It is imperative to have the right kind of reforms in India's criminal justice system.

 Reform in India's Criminal Justice System

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• The story: Some experts under the National Human Rights Commission (NHRC) expressed concerns over the slow pace of reforms in the criminal justice system to ensure speedy justice. The NHRC is an independent statutory body established on 12th October, 1993 as per provisions of Protection of Human Rights Act, 1993, later amended in 2006.
• Criminal Justice System: It refers to the agencies of government charged with enforcing law, adjudicating crime, and correcting criminal conduct, and works as an an instrument of social control. Criminal justice system reforms broadly comprise three reforms viz. Judicial reforms, Prison reforms, Police reforms.
• Goal of reform: First is to prevent the occurrence of crime. Then comes punishing the transgressors and the criminals. Then comes the rehabilitation of transgressors and the criminals. Compensating the victims as far as possible is also a must. And finally, to maintain law and order in the society, and deter offenders from committing any criminal act in the future.
• Indian criminal laws: There are two structures -

1. The Indian Penal Code (IPC) is the official criminal code of India drafted in 1860 on the recommendations of the first law commission of India established in 1834 under the Charter Act of 1833 under the Chairmanship of Lord Thomas Babington Macaulay.
2. The Code of Criminal Procedure (CrPC) is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1st April 1974.

• Issues: Pendency of cases is a big problem, and there are about 4.4 crore pending cases in the Supreme Court, High Courts and district courts. India also has one of the world’s largest number of undertrial prisoners. This delay in disposal of cases is leading to human rights violations of the undertrials and convicts. Despite the Supreme Court’s directions on police reforms, there had been hardly any changes on the ground. Corruption, huge workload and accountability of police is a major hurdle in speedy and transparent delivery of justice. The codification of criminal laws in India was done during the British rule, which more or less remains the same even in the 21st century.
• Suggestions: Not all provisions of IPC are needed there, being of the nature of Torts, and may be left for redressal under the law of Torts. Trials and paperwork ought to be digitised for speeding things up. Increasing awareness of laws among police personnel, increasing the number of police personnel and stations in proportion to the number of complaints in an area, and including social workers and psychologists in the criminal justice system. Victim’s rights and smart policing is needed.
• Malimath committee (2000) recommendations: There were many -

1. Rights of accused - The Committee suggested that a Schedule to the Code be brought out in all regional languages so that the accused knows his/her rights, as well as how to enforce them and whom to approach when there is a denial of those rights.
2. Police investigation - The Committee suggested hiving off the investigation wing from Law and Order.
3. Court and Judges - The report pointed out the judge-population ratio in India is 10.5 per million population as against 50 judges per million population in many parts of the world. It suggested the increase in strength of judges and courts.
4. Witness protection - It suggested separate witness protection law so that safety and security of witnesses can be ensured and they can be treated with dignity.

• Summary: A civilized society stands on the pillar of 'rule of law'. The humblest of citizens should have the confidene that the system will protect her rights, against the might of the strongest. That should be the only goal of criminial justice system reform in India.

 

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