Reforms are where the two terms of the Modi government did very little about. Even when reforms were attempted as in the case of the farm laws, it cut and ran midway through the process. The GST, or market reforms, was only a follow up on what the UPA-II did. There have been calls for reforms in the judicial system, but the government is hesitant and the Supreme Court is not enthused either. However, at the fag end of Modi’s second term, the government has come up with three bills in Parliament to reform the criminal justice system. Better late than never. As Home Minister Amit Shah has admitted, the criminal justice system here functioned from 1860 to 2023 as per laws introduced by the British Raj. It’s a pity that no government attempted an overhaul to suit the interests of the people while the British cared mainly for their colonial interests. This is a sad commentary on the seriousness of those whom the people elect to run governments. Electoral and bureaucratic reforms are also a matter of urgency to make the entire governance system function in more meaningful ways.
Overall, the three bills aim at introducing major changes to the way crimes are handled. A principal means being adopted to scuttle cases is to drag investigations unendingly; and so with the judicial process thereafter. Cases go on and on for decades. Justice delayed is justice denied. The bill sets a maximum limit of 90 days, or three months, for the police to do the investigation and file the charge-sheet; which can be extended by another 90 days if a court grants the sanction. As of now, cops take their own time to complete the investigations. They drag on for years at the behest of the accused if they are politically influential or moneybags. At the end of it all, the conviction rate is (unspeakably) low. The present aim is to raise this to 90 per cent, as the Home Minister has stated. Forensic collection of evidence would be made compulsory so as to avoid tampering of evidence at later stages. Numerous other changes have been proposed in the bills.
The bills have been referred to a parliament panel for scrutiny and likely amendments based on discussions with informed segments of the public. However, all these are bound to take time. This government has an effective functional life of only eight months. If the bills are not passed and not turned into law by presidential assent, they would lapse and the next government may or may not reintroduce them. Urgency is a matter of prime importance. Judicial reforms are imperative.
