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Committee for the Reform of Criminal Laws

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July 11, 2020

Why in news?

The Ministry of Home Affairs (MHA) has constituted a national level ‘Committee for the Reform of Criminal Laws’.

What is the committee for?

  • The criminal law in India comprises -
    1. the Indian Penal Code of 1860
    2. the Code of Criminal Procedure that was rewritten in 1973
    3. the Indian Evidence Act that dates back to 1872
  • The idea that the current laws governing crime, investigation and trial require meaningful reform has long been in place.
  • There have been several attempts in recent decades to overhaul the body of criminal law.
  • Given this, the committee's mandate now is to recommend reforms in the criminal laws in a principled, effective, and efficient manner.
  • The reforms should ensure the safety and security of the individual, the community and the nation.
  • It should prioritise the constitutional values of justice, dignity and the inherent worth of the individual.

How does it work?

  • The committee has several leading legal academicians on board.
  • It would be gathering opinions online, consulting with experts and collating material for their report to the government.
  • Questionnaires have been posted online on the possible reforms.
  • The committee has invited experts in the field of criminal law to participate in the exercise through an online consultation mechanism.
  • The consultation exercise would go on for 3 months (starting on 4 July 2020).

What are the concerns?

  • Timeframe - Comprehensive legal reform requires careful consideration and a good deal of deliberation.
  • An apparently short timeframe and limited scope for public consultation has thus been raised as concerns.
  • This has caused considerable disquiet among jurists, lawyers and those concerned with the state of criminal justice in the country.
  • Timing - The Committee has begun its work in the midst of a pandemic.
  • This may not be the ideal time for wide consultations.
  • Activists and lawyers functioning in the hinterland may be at a particular disadvantage in formulating their opinions.
  • Mandate - The panel's mandate is also vague and open to multiple interpretations.
  • It is also not clear why the Law Commission has not been vested with this task.
  • Members - The committee being an all-male, Delhi-based one has led to concerns of lack of diversity.

What is the way ahead?

  • Reform is best achieved through a cautious and inclusive approach.
  • If at all criminal law is to be reformed, there should be a genuine attempt to reach wide consensus.
  • The priorities should be on ways to speed up trials, protect witnesses, address the travails of victims, improve investigative mechanisms and, most importantly, eliminate torture.

 

Source: The Hindu

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