Current Affairs 14-August-2023 (The Hindu)

Modernizing India's Criminal Justice System

Introduction

• The Indian criminal justice system has historically been governed by laws enacted during the colonial era.
• Minimal changes have been made to these laws since India gained independence.
• Over the years, there has been an increasing demand for reforms to these outdated laws.
• Various stakeholders have advocated for comprehensive changes to the Indian criminal justice system.
• This blog explores the background and key developments surrounding the replacement of three major colonial-era laws:
• The Indian Penal Code (IPC)
• The Criminal Procedure Code (CrPC)
• The Indian Evidence Act of 1872(IEA)

 

Background

• Colonial-Era Laws: The IPC, CrPC, and Indian Evidence Act were introduced during British rule and have remained largely unchanged since India gained independence.
• Need for Reforms: Over time, stakeholders including legal experts, scholars, and lawmakers have called for the modernization of criminal laws to address evolving societal needs and uphold justice.
• Parliamentary Standing Committee Report: A significant development was the report of the Parliamentary Standing Committee on Home Affairs, which recommended a comprehensive review of the criminal justice system in India.
• Committee Formation: In May 2020, the Ministry of Home Affairs constituted a committee led by Professor Ranbir Singh with the aim of reviewing and reforming criminal laws.

 

Key Reforms

As a result of the committee's recommendations, the Ministry of Home Affairs enacted three new bills to replace the existing colonial-era laws:

 

Bharatiya Nyaya Sanhita Bill, 2023

• Replacing IPC(Indian Penal Code )
• Repeals 22 provisions and introduces changes to 175 existing provisions.
• Adds 8 new sections.
• Enhances punishments for gang rape and rape of minors, introduces capital punishment for mob lynching, and omits the provision on adultery.
• Introduces new sections on organized crime, petty organized crime, terrorist acts, snatching, and acts endangering sovereignty, unity, and integrity of India.

 

Bharatiya Nagarik Suraksha Sanhita Bill, 2023

• Replacing CrPC(Criminal Procedure Code)
• Repeals 9 provisions and introduces changes to 160 existing provisions.
• Adds 9 new provisions, including provisions for timely availability of FIR copies to accused and victims, filing of zero FIRs, and examination of accused through electronic means.

 

Bharatiya Sakshya Bill, 2023

• Replacing Indian Evidence Act
• Makes changes to 23 provisions and introduces a new provision.
• Permits the use of electronic or digital records as evidence, expanding the ambit of secondary evidence.

 

Challenges and Concerns

• Lack of Substantial Changes: Critics argue that the new bills fail to bring significant reforms, as they primarily involve renaming provisions without addressing fundamental issues.
• Section 150 Controversy: The inclusion of section 150, which deals with acts endangering sovereignty, unity, and integrity of India, raises concerns due to vague terminology that could potentially be misused by law enforcement agencies.

 

Rashtriya Uchchatar Shiksha Abhiyan (RUSA)

 

Overview:

• Centrally Sponsored Scheme.
• Aim - fund States/UTs institutions to attain excellence in the State higher education system.
• Phase I - launched in 2013.
• Phase II - launched in 2018.
• Phase III - RUSA launched as Pradhan Mantri Uchchatar Shiksha Abhiyan (PM-USHA) in 2023.

PM-USHA (Pradhan Mantri Uchchatar Shiksha Abhiyan):

• Aim - work with over 300 Higher Education Institutions to raise quality of education.
• Improving graduate employability through funding.
• The Gross Enrolment Ratio (GER) measures the number of students enrolled in higher education
• Objectives:
• Creating new academic institutions,
• Expanding and upgrading the existing ones, and
• Developing self-reliant institutions with inclination towards research.

Key Objectives:

RUSA Earlier Phases	PM-USHA
RUSA phase I was implemented in the year 2013 and phase 2 in the year 2018	Will be implemented in the year 2023
Targeted increase in GER	Focusing on low GER, Left wing extremism, border area districts, aspirational districts and districts with higher SC/ST
Improvement of existing quality of Higher Education Institutions of the State	Improvement of existing quality of Higher Education Institutions of the State
No such objectives	Implementation of recommendations of NEP 2020
Adoption of accreditation as a mandatory quality assurance framework	Improving accreditation status of accredited institutions and getting accreditation of non-accredited institutions
To create enabling atmosphere in higher education for research and innovation.	To create enabling atmosphere in higher education for research and innovation.
To correct regional imbalances in access to higher education	To correct regional imbalances in access to higher education by facilitating access to high quality institutions in urban, semi urban and creating opportunities for rural people.

 

Focus Districts and Criteria:

• Maximum 50% District of the State will be considered as focus District
• Lack of access to government colleges
• Low GER
• Population proportion for females, transgender, SC, ST, OBCs
• Aspirational / Boarder Area, left wing extremism prone area
• Gender parity

 

Electoral Reforms Recommendations

Justice Tarkunde(JP) Committee Recommendations:

• Election Commission Structure:
  • Propose Election Commission as a three-member body.
  • Enhance decision-making and diverse perspectives.
• Voting Age Adjustment:
  • Reduce minimum voting age from 21 to 18 years.
  • Engage young citizens in democratic process.
• Autonomous Media Control:
  • TV and radio under autonomous statutory corporation.
  • Ensure unbiased coverage during elections.
• Voter's Council Establishment:
  • Create Voter's Council for fair elections.
  • Safeguard electoral integrity and public trust.

Dinesh Goswami Committee Recommendations:

• Contesting Limitations:
  • Restrict candidates from contesting more than two constituencies.
  • Prevent concentration of power and resources.
• Age Criteria for Candidates:
  • Assembly seat candidates: minimum age 21.
  • Council seat candidates: minimum age 25.
  • Ensure maturity and experience in candidates.
• Proxy Voting Provision:
  • Proxy voting for armed forces, paramilitary, diplomats.
  • Enable voting for those stationed away from constituencies.
• Electronic Voting Machines (EVMs):
  • Introduce EVMs to replace paper ballots.
  • Enhance efficiency, accuracy, and prevent tampering.
• Timely Bye-Elections:
  • Conduct bye-elections within six months to fill vacant seats.
  • Maintain representation and vibrancy in legislative bodies.
• Media Advertisement Monitoring:
  • Monitor newspaper advertisements during elections.
  • Prevent spread of false or misleading information.