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 These laws aim to replace outdated statutes and align the legal framework with contemporary needs.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.

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*Senior Journalist

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