The Ministry of Home Affairs (MHA) has recently brought together a national level committee to discuss and implement reforms in criminal law. The establishment of this committee anticipates significant changes in a system that has long needed modernization, from its antiquated colonial-era underpinnings to its present-day inefficiencies and inadequacies. This article explores these challenges and potential strategies for reform.
Committee For Reform In Criminal Law
Headed by Ranbir Singh, the committee consists of several members who will collaborate online with experts to gather opinions and compile material for their report to the government. This consultation process began on 4th July 2020 and is expected to continue over the next three months.
The Background of India’s Criminal Justice System
Criminal laws in India were codified during British rule and have remained largely unchanged into the 21st century. Lord Thomas Babington Macaulay is credited as the chief architect of these laws. Today, criminal law is governed by the Indian Penal Code (1860), the Code of Criminal Procedure (1973), and the Indian Evidence Act (1872).
Why Reforms are Needed
There are several reasons why India’s current criminal justice system needs reform:
Colonial-era laws: The system is modeled after British colonial jurisprudence, which was designed to rule the nation, not serve its citizens.
Ineffectiveness: The criminal justice system, which was intended to protect the rights of the innocent and punish the guilty, has become a tool of harassment.
Case backlog: The Economic Survey 2018-19 reported about 3.5 crore cases pending in the judicial system, especially in district and subordinate courts.
Undertrials: India has one of the world’s largest number of undertrial prisoners — 67.2% of the total prison population, according to the NCRB -Prison Statistics India (2015).
Corruption in investigations: Corruption, heavy workload, and lack of police accountability pose significant barriers to the speedy and transparent delivery of justice.
Previous Attempts at Reform
Past committees have aimed to reform India’s Criminal Justice System. The Madhav Menon Committee (2007) and Malimath Committee (2003) both provided recommendations to reshape the system, focusing on both improvements for victims of crime and changes to the classification of offenses. Unfortunately, these suggestions were not implemented.
Suggestions for Future Reforms
Reforming criminal law needs careful consideration of several principles: giving weight to victims’ rights, reworking the existing classification of offenses in line with modern criminal jurisprudence, managing future crimes effectively, developing guiding principles for criminalizing behaviors, and establishing principles for judicial sentencing.
Looking Ahead
It is crucial to now draft a clear policy that outlines the changes needed in existing criminal laws, while also introducing improvements in the police, prosecution, judiciary, and prison systems. The focus of reform should be on reformative justice, aiming to achieve societal peace.