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 These laws aim to replace outdated statutes and align the legal framework with contemporary needs.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

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor* This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

India's health workers have no legal right for their protection, regrets NGO network

Counterview Desk In a letter to Union labour and employment minister Santosh Gangwar, the civil rights group Occupational and Environmental Health Network of India (OEHNI), writing against the backdrop of strike by Bhabha hospital heath care workers, has insisted that they should be given “clear legal right for their protection”.

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat* As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat* Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu. He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

Job opportunities decreasing, wages remain low: Delhi construction workers' plight

By Bharat Dogra* It was about 32 years back that a hut colony in posh Prashant Vihar area of Delhi was demolished. It was after a great struggle that the people evicted from here could get alternative plots that were not too far away from their earlier colony. Nirmana, an organization of construction workers, played an important role in helping the evicted people to get this alternative land. At that time it was a big relief to get this alternative land, even though the plots given to them were very small ones of 10X8 feet size. The people worked hard to construct new houses, often constructing two floors so that the family could be accommodated in the small plots. However a recent visit revealed that people are rather disheartened now by a number of adverse factors. They have not been given the proper allotment papers yet. There is still no sewer system here. They have to use public toilets constructed some distance away which can sometimes be quite messy. There is still no...

Women's rights leaders told to negotiate with Muslimness, as India's donor agencies shun the word Muslim

By A Representative Former vice-president Hamid Ansari has sharply criticized donor agencies engaged in nongovernmental development work, saying that they seek to "help out" marginalizes communities with their funds, but shy away from naming Muslims as the target group, something, he insisted, needs to change. Speaking at a book release function in Delhi, he said, since large sections of Muslims are poor, they need political as also social outreach.

Warning bells for India: Tribal exploitation by powerful corporate interests may turn into international issue

By Ashok Shrimali* Warning bells are ringing for India. Even as news drops in from Odisha that Adivasi villages, one after another, are rejecting the top UK-based MNC Vedanta's plea for mining, a recent move by two senior scholars Felix Padel and Samarendra Das suggests the way tribals are being exploited in India by powerful international and national business interests may become an international issue. In fact, one has only to count days when things may be taken up at the United Nations level, with India being pushed to the corner. Padel, it may be recalled, is a major British authority on indigenous peoples across the world, with several scholarly books to his credit.

Gujarat Bitcoin scam worth Rs 5,000 crore "linked" with BJP leaders: Need for Supreme Court monitored probe

By Shaktisinh Gohil* BJP hit a jackpot in the form of demonetisation, which it used as an alibi to convert black money into white in Gujarat. Even as party scrambles for answers of how the Ahmedabad District Cooperative Bank (ADCB), whose director is BJP president Amit Shah, received old currency worth Rs 745.58 crore in just five days, and how Rs 3118.51 crore was deposited in 11 district cooperative banks linked with Gujarat BJP leaders, a new mega Bitcoin scam, worth more than Rs 5,000 crore has been unraveled.

Counterview

Search This Blog