Why in news?
The Ministry of Home Affairs (MHA) has constituted a national level ‘Committee for the Reform of Criminal Laws’.
- The criminal law in India comprises -
- the Indian Penal Code of 1860
- the Code of Criminal Procedure that was rewritten in 1973
- 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
