New laws seeking to expedite judicial procedures, enhancing efficiency could be misused to suppress dissent

By Vikas Meshram*

The Indian Civil Code, the Indian Evidence Act, and the Indian Civil Protection Code are three major laws that have been recently enacted. These laws aim to replace outdated statutes and align the legal framework with contemporary needs. The implementation of these reforms is expected to make the Indian judicial system more accessible, transparent, and efficient. The previous system, based on laws introduced during the British era, was fraught with numerous shortcomings that resulted in an overburdened judiciary plagued by pending cases. This led to a long and cumbersome justice delivery process for common citizens. The new laws aim to address these challenges by expediting judicial procedures and enhancing efficiency.

The laws include provisions for resolving criminal investigations and case judgments within a stipulated time frame. This is anticipated to accelerate case resolutions, making the justice delivery process simpler for citizens. The Indian Evidence Act now recognizes digital evidence, leveraging technology to make judicial processes more transparent and reliable.

The Indian Civil Code incorporates special provisions for the protection of women and children. Stringent measures have been introduced to address crimes such as sexual assault, domestic violence, and child abuse. For example, under the new provisions, rape cases will attract a minimum punishment of 10 years' imprisonment, with the possibility of life imprisonment. If the victim is under 16 years of age, the death penalty has been introduced. In cases of gang rape, life imprisonment will be mandatory. Workplace harassment now carries penalties of up to 5 years in prison and fines.

Special measures have also been implemented to curb domestic violence, with punishments ranging from 3 to 7 years for physical abuse and 2 to 5 years for mental harassment. Dowry deaths are punishable by life imprisonment, and financial exploitation will attract punitive action. Immediate protection orders for victims and stringent provisions for child welfare have been introduced. Child sexual abuse now carries a penalty of up to 20 years' imprisonment, child labor is punishable by up to 5 years in prison and fines, child marriage invites a penalty of 10 years' imprisonment, and child trafficking is punishable by 10 years to life imprisonment. Unethical practices like human trafficking are also punishable by life imprisonment.

Procedural changes have been introduced to ensure the confidentiality of victims and children during testimony, which can now be recorded via video conferencing. Case verdicts must be delivered within six months, and victims are entitled to free legal aid, rehabilitation, and compensation.

Statistical data for 2023–2024 highlights the gravity of crimes against women and children. Reported domestic violence cases accounted for 30.2%, workplace harassment 18.5%, dowry deaths 12.8%, and registered rape cases 22.4%, with women constituting 45.6% of all victims. Similarly, child labor cases accounted for 15.4%, child marriages 8.9%, child sexual abuse 24.2%, and child trafficking 6.7%, with the percentage of out-of-school children at 12.3%. The new laws aim to curb these crimes effectively through stringent provisions.

In addition to these provisions, measures such as deploying specialized police units for women and children, establishing fast-track courts, setting up counseling centers, organizing awareness campaigns, and including safety education in schools are essential. Proper implementation of these measures could significantly reduce crimes against women and children. Procedural reforms also include investigations by female police officers and hearings conducted by female judges. Facilities like medical assistance, shelters, and counseling centers for victims are to be made available. Educational institutions will conduct awareness programs, workplaces will establish complaint committees, and helpline services, regular police patrolling, and CCTV surveillance will be strengthened.

To ensure the effective implementation of these laws, special courts, women police stations, child welfare committees, women’s commissions, and child rights commissions will be established. These mechanisms aim to ensure strict enforcement of the laws, helping prevent crimes against women and children.

The success of these new laws depends on collective efforts from all stakeholders. Coordination among law enforcement, the judiciary, and civil society is crucial to achieve the desired outcomes. Alongside legal provisions, social awareness and preventive measures must be emphasized. This will help address the issue of safety for women and children in India.

While the new laws have been welcomed for their stringent measures against crimes, such as sexual violence and child abuse, they have also faced criticism. Some argue that the laws grant excessive powers to the government, which could be misused to suppress dissent and curtail freedom of expression. Provisions related to sedition have sparked significant controversy, with critics fearing they may be used to silence opposition. Concerns have also been raised about the infringement of privacy, particularly regarding digital surveillance.

The strict arrest provisions have also faced criticism for potentially encroaching on the rights of ordinary citizens. The stricter bail norms could lead to hardships for the common man. Experts stress the need to ensure judicial independence and prevent undue influence from the executive branch.

Marginalized communities and minorities have expressed apprehension about the potential misuse of these laws against them. Particularly, provisions for digital surveillance may lead to intrusion into their private lives.

Effective implementation of these laws requires robust infrastructure and human resources. However, current deficiencies in these areas are apparent. It is crucial to ensure that the judiciary and law enforcement agencies use these laws appropriately.

The actual impact of these laws will become evident over time. Whether they bring reforms in the justice system or encroach on citizens' fundamental rights will depend on their implementation.

The Indian Civil Code, Indian Evidence Act, and Indian Civil Protection Code have been designed to address the needs of a modern justice system. Their implementation is expected to bring about significant positive changes. However, transparent and proper execution of these laws is essential. The government must take steps that prioritize the interests of citizens and the judiciary. Civic participation will play a vital role in ensuring the proper use of these laws.

---

*Senior Journalist

Comments

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

1857 War of Independence... when Hindu-Muslim separatism, hatred wasn't an issue

"The Sepoy Revolt at Meerut", Illustrated London News, 1857 By Shamsul Islam* Large sections of Hindus, Muslims and Sikhs unitedly challenged the greatest imperialist power, Britain, during India’s First War of Independence which began on May 10, 1857; the day being Sunday. This extraordinary unity, naturally, unnerved the firangees and made them realize that if their rule was to continue in India, it could happen only when Hindus and Muslims, the largest two religious communities were divided on communal lines.

Spirit of leadership vs bondage: Of empowered chairman of 100-acre social forestry coop

By Gagan Sethi* This is about Khoda Sava, a young Dalit belonging to the Vankar sub-caste, who worked as a bonded labourer in a village near Vadgam in Banskantha district of North Gujarat. The year was 1982. Khoda had taken a loan of Rs 7,000 from the village sarpanch, a powerful landlord doing money-lending as his side business. Khoda, who had taken the loan for marriage, was landless. Normally, villagers would mortgage their land if they took loan from the sarpanch. But Khoda had no land. He had no option but to enter into a bondage agreement with the sarpanch in order to repay the loan. Working in bondage on the sarpanch’s field meant that he would be paid Rs 1,200 per annum, from which his loan amount with interest would be deducted. He was also obliged not to leave the sarpanch’s field and work as daily wager somewhere else. At the same time, Khoda was offered meal once a day, and his wife job as agricultural worker on a “priority basis”. That year, I was working as secretary...

Bangladesh alternative more vital for NE India than Kaladan project in Myanmar

By Mehjabin Bhanu* There has been a recent surge in the number of Chin refugees entering Mizoram from the adjacent nation as a result of airstrikes by the Myanmar Army on ethnic insurgents and intense fighting along the border between India and Myanmar. Uncertainty has surrounded India's Kaladan Multimodal Transit Transport project, which uses Sittwe port in Myanmar, due to the recent outbreak of hostilities along the Mizoram-Myanmar border. Construction on the road portion of the Kaladan project, which runs from Paletwa in Myanmar to Zorinpui in Mizoram, was resumed thanks to the time of relative calm during the intermittent period. However, recent unrest has increased concerns about missing the revised commissioning goal dates. The project's goal is to link northeastern states with the rest of India via an alternate route, using the Sittwe port in Myanmar. In addition to this route, India can also connect the region with the rest of India through Assam by using the Chittagon...

Proposed Modi yatra from Jharkhand an 'insult' of Adivasi hero Birsa Munda: JMM

Counterview Desk The civil rights network, Jharkhand Janadhikar Mahasabha (JMM), which claims to have 30 grassroots groups under its wings, has decided to launch Save Democracy campaign to oppose Prime Minister Narendra Modi’s Vikasit Bharat Sankalp Yatra to be launched on November 15 from the village of legendary 19th century tribal independence leader Birsa Munda from Ulihatu (Khunti district).

NREGA Sangharsh Morcha demands rollback of NMMS App, restoration of workers’ rights

By A Representative The NREGA Sangharsh Morcha (NSM) has strongly demanded the immediate revocation of the National Mobile Monitoring System (NMMS) App used for recording workers’ attendance under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA). Citing the Union Ministry of Rural Development’s (MoRD) July 8, 2025 directive acknowledging widespread misuse and discrepancies in the NMMS App, NSM accused the government of admitting to deep-rooted corruption while continuing to impose a failed digital system.

Two more "aadhaar-linked" Jharkhand deaths: 17 die of starvation since Sept 2017

Kaleshwar's sons Santosh and Mantosh Counterview Desk A fact-finding team of the Right to Feed Campaign, pointing towards the death of two more persons due to starvation in Jharkhand, has said that this has happened because of the absence of aadhaar, leading to “persistent lack of food at home and unavailability of any means of earning.” It has disputed the state government claims that these deaths are due to reasons other than starvation, adding, the authorities have “done nothing” to reduce the alarming state of food insecurity in the state.

Nuns' release highlights political calculus behind anti-conversion laws, Christian persecution

By John Dayal* The release last week from a Chhattisgarh jail of two Catholic nuns, arrested on charges of human trafficking and illegal conversion, offers little comfort to the scores of Christian pastors and believers incarcerated on similar charges under anti-conversion laws prevalent in a dozen Indian states.

A wake-up call for Uttarakhand: The human cost of unchecked development, environmental destruction

By Dr. Gurinder Kaur* On August 5, 2025, a cloudburst in Uttarakhand’s Uttarkashi district caused significant destruction. A sudden surge in the Kheer Ganga river's flow triggered a flash flood that hit the town of Dharali, completely destroying 40–50 buildings and houses and claiming five lives. More than 100 people are still missing, including nine army personnel. Due to heavy rainfall and landslides, traffic has come to a complete halt on 163 roads and five national highways in the state. Rescue teams are continuously assisting people in the affected areas. A large number of pilgrims heading to Gangotri usually stay in Dharali, which is why there are many hotels, restaurants, and homestays in the town.

Search This Blog