Overview of Legislative Reforms
The Jan Vishwas Bill 2.0 and upcoming Jan Vishwas 3.0 bills signify major legislative reform initiatives by the Union and state governments to refine existing laws, aiming to enhance societal structure and the ease of living.
Current Legislative Landscape
- Vidhi Centre for Legal Policy's database covers 174 years of legislations across 882 central laws.
- Out of these, 370 laws have criminal provisions accounting for 7,305 crimes.
- Specific penalties include:
- 5,333 crimes with jail terms.
- 982 crimes with mandatory minimum jail terms.
- 433 crimes with life imprisonment.
- 301 crimes with the death penalty.
- Only 25% of these crimes are related to criminal justice laws like the Bharatiya Nyaya Sanhita and National Security Act.
- Remaining laws cover everyday life aspects, often with excessive punishments for minor infractions.
Critique of Current System
The current system exhibits disproportionality between crime and punishment, leading to societal distortion and increased potential for power abuse.
- Examples of excessive punishments:
- Incarceration for mundane activities like milking a cow on the street.
- Same punishment for minor and serious offenses, such as failing record maintenance and unauthorized brain surgery.
- Lack of awareness among citizens about these laws and penalties.
- Corrupt officials exploit these laws for personal gain.
Path towards Decriminalization
The Vidhi report suggests four guiding principles for decriminalization:
- Protection of value: Laws must protect indispensable societal values.
- Protection against harm: Criminalization should address substantial harm only.
- Effective solution: Criminalization as the sole means to achieve law's legitimate purpose.
- Proportionate response: Punishment must match harm's gravity.
Each criminal provision should be evaluated for its impact on human rights, societal implications, fiscal impact, and the justice system's capacity.
Impact and Future Directions
- Poor laws disproportionately affect vulnerable groups, especially the poor.
- India has a high number of undertrial prisoners and pending criminal cases.
- Efforts should focus on restorative and rehabilitative justice rather than retributive.
As India aims for Viksit Bharat by India@100, Jan Vishwas 2.0 and 3.0 could balance trust and enforcement, enhancing citizens' living conditions.
