The Department of Legal Affairs, Ministry of Law and Justice is organizing a two day Conference on ‘India’s Progressive Path in the Administration of Criminal Justice System’ at Dr. Bhupen Hazarika Auditorium, IIT Guwahati, stated a Press Information Bureau (PIB) report.
The inaugural session was held yesterday in the august presence of Arjun Ram Meghwal, Minister of State (Independent Charge), Ministry of Law and Justice, Justice Hrishikesh Roy Judge, Supreme Court of India and Justice Biswanath Somadder Chief Justice High Court of Sikkim.
The session was also attended by a large audience comprising of judges of various High Courts, advocates, academics, representatives of law enforcement agencies, police officials, public prosecutors, District Judges and other officials and law students.
The Conference is set on the backdrop of the enactment of three new Criminal Laws, namely Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023 and Bharatiya Sakshya Adhiniyam 2023 which are to replace the Indian Penal Code 1860, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872 respectively. These new criminal laws are scheduled to take effect from 1stJuly2024.
In the inaugural session, Dr. Anju Rathi Rana, Additional Secretary, Department of Legal Affairs, outlined the objectives of the Conference and briefly highlighted the importance of the three Laws, which symbolise a break from the shackles of colonial legal legacy and adopting a justice system that is equitable, efficient and responsive to the constantly evolving needs of our diverse country. This evolution is also a testament to India’s resilience as we progress as a nation while staying entrenched to our constitutional principles. She also outlined the importance of the North Eastern states and the people living in this region in bringing transformative change of the country including ushering a people-centric legal system for India. This conference is an attempt to sensitise the stakeholders regarding the three new laws and their salient features.
Addressing the august gathering, Dr. Rajiv Mani, Secretary, Department of Legal Affairs, Ministry of Law and Justice said this conference and gathering is not only for the purpose of discussion of the three new Criminal Laws but also to embrace and take pride in our roots. Through this conference, we are today celebrating freedom from the eradication of colonial-era criminal justice administration. He highlighted the background of the enactment of the three criminal laws and how it unshackles the legal structure and framework created by the Britishers which was meant to perpetuate the British rule in India on the ostentatious ground of establishing Rule of Law. The existing criminal laws define the State- Citizen relationship based on colonial prejudices and practices, whereas the new Criminal Laws are based on the principles of access of justice to all. The three laws have hence been enacted to overhaul the criminal justice system in the country to make it citizen-centric. He highlighted that North East region of India that comprises of eight states with its own distinct history and identity always played an important role in the development of the country and is poised to play an important role in future. He said the new Criminal laws have replaced the philosophy of punitive and retributive justice with restorative justice, with focus on rehabilitation and victim-centric approach.
Dr. Reeta Vasishta Member Secretary, Law Commission of India gave a detailed background to the stupendous work and research that had gone into framing of the new criminal laws to make them suitable for an ever evolving society and nation. She also described various provisions of the new laws.
Ravi Kota, Chief Secretary, Government of Assam, thanked the Union Ministry of Law and Justice for choosing Guwahati to hold this important Conference which has the potential for creating tremendous impact among the stakeholders not only in the state but also in the entire region. He also pledged all support of the Government of Assam towards successful implementation and further awareness generation about the three new laws and work in coordination with the Central Government.
Delivering his address, the Chief Justice of Sikkim High Court, Justice Biswanath Somadder said that the new Bharatiya Nagarik Suraksha Sanhita (BNSS) provides a holistic approach to deal with crimes in the digital age. He particularly mentioned that the BNSS allows all trials, inquiries, and proceedings to be conducted in electronic mode which is in keeping with the need of the present time. The BNSS also stipulates that criminal trials must be completed in three years, and judgments must be pronounced within 45 days of being reserved. This would help in clearing the vast backlogs and faster delivery of justice. He was also appreciative of the introduction of community service as punishment for lesser offences which would strengthen the rehabilitative approach to justice and suggested to make it a non-penal measure.
Justice Somadder further highlighted that while the three criminal laws create provisions which are synchronised to our times, these will also be harbinger for bringing further changes in tune with time and upholding the constitutionality in the country. There is no finality to any law or the manner of its implementation. However, one must be willing to embrace positive changes to meet the needs of the times.
Speaking on the occasion, Arjun Ram Meghwal, Minister of State (Independent Charge), Ministry of Law and Justice set out the historic perspective to the evolution of legal system in India including the criminal laws. He highlighted how the laws in India made during the colonial times ignoredthe Indian ethos and societal realities of the then India and were based on furthering the needs of the colonial rulers.
Download Nagaland Tribune app on Google Play
He cited that the IPC not being the example of legislation based on original thought and research but an imposed idea brought in haste by copying the other countries penal code. The emphasis of punishment and not justice in the existing laws bear a testimony to the biasness of the colonial ruling against the natives. The new laws have attempted to correct these historic injustices and biases, and make them reflective of the contemporary needs of an emerging nation and its people. The Minister emphasized that these conferences are an attempt to not only sensitise and generate awareness about the three new laws, but also to understand them from legal luminaries and practitioners and a ground for looking into the areas that would require further reworking as in Indian system the law is not static but of dynamic and ever-evolving nature.
In his keynote address, the Chief Guest of the inaugural session Justice Hrishikesh Roy, Judge, Supreme Court of India emphasized that the event is not merely a gathering of the legal fraternity but a convergence of people from diverse walks of life. Criticizing Macaulay’s Indian Penal Code and Stephen’s Indian Evidence Act for their Victorian moral framework, Justice Roy referred to the 47th Law Commission report of 1971, which called for changes in criminal laws. The focus of the new laws, he stated, is on restorative justice rather than punishment, addressing the disproportionate impact on marginalized communities. Highlighting the pressing issue of incarceration, he noted that, according to 2019 National Crime Records Bureau data, there are 478,000 prison inmates, approximately 300,000 of whom are from Scheduled Castes and Scheduled Tribes. Citing President Draupadi Murmu’s 2022 statement on jail overcrowding and prolonged pretrial detention, he reinforced the need for restorative justice. The new laws adopt a transformative approach, incorporating accountability and punitive measures, while involving offenders and affected community members in the resolution process, aiming to ensure that justice prevails over mere punishment. He said that the three new laws provide us with a historic opportunity to work the criminal justice administrative system in the country. He however said that the outgoing laws also must be understood based on the then prevailing realities and did serve historic role in establishing several legal principles but with the changing times need to reflect aspirations of Viksit Bharat.
