Thirty queer feminists and activists have called for the disbanding of the Criminal Law Reforms Committee constituted by the Union Ministry of Home Affairs to "recommend reforms in the criminal laws of the country".
The Indian government is set to revamp criminal laws to fit into a post-colonial and non-patriarchal society but seem to have forgotten to tell the public.
While the committee's aims and objectives seem to cover every aspect of the three criminal law codes, the terms of reference of the committee have not been made public.
A disruptive change, which will affect nearly every single Indian citizen, which will be executed without any serious public consultation, is planned by a few men sitting in Delhi and is likely to cause maximum harm to the poor and the vulnerable.
Law reforms are a means to enforce rule of law in a manner contemporaneous with the changing times. It is a tool that is utilized to prevent laws from stagnating and losing relevancy in time. Reforms are the basis of initiating a substantial change in the laws.
The Ministry of Home Affairs in May 2020 set up a National Level Committee to mull reforms to the existing criminal laws in India, namely the Indian Penal Code, 1860, The Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872. The committee has also invited recommendations from experts in the field of substantive and procedural criminal laws through an online consultation mechanism, and the process for this consultation is open till October 9.
A large group of Indian and international legal experts along with members of civil society have come up with a website to create awareness about the criminal law reforms, which are proposed to be brought about by a committee set up under the Ministry of Home Affairs. This website aims to collate and disseminate information and commentary on the committee.
Experts all over the country have raised serious concerns over the transparency and operation of the Committee for Reforms in Criminal Law, constituted by the MHA, which targets to make far-reaching changes to the criminal legislation of India. What role you can play as a concerned citizen in this case, read to find out.
The Committee for Reforms in Criminal Laws has adopted measures that raise serious concern about its rigour, and its haste to rush through its mandate will have long-lasting consequences for the criminal justice system.
A group of lawyers and activists have set up a website to call for an email campaign to disband the National Level Committee for Reforms in Criminal Laws with the claim that it is unrepresentative, has been fast-forwarding key procedures and has been keen to leave little time for public consultation.
Just during the time of the release of the New Education Policy, and a problematic draft of the Environmental Impact Assessment, the Ministry of Home Affairs, had constituted a committee—first announced in December 2019, later started functioning from the month of July 2020—consisting of five male legal academicians at the National Law University, Delhi, for the purpose of looking into reforms specifically pertaining to the Criminal Law System.
The need for the reform in criminal laws stems from the fact that the existing laws reflect the socio-political beliefs and legal discourse of a bygone era, raising concerns about its “contemporary relevance”. “It is gravely unfortunate that these outdated principles have been replicated even in several subsequent special legislations that have been modelled on these statutes".
In May 2020, the Ministry of Home Affairs constituted a Committee to recommend reforms in criminal laws in India with NLU Delhi. The National Level Committee for Reforms in Criminal Laws (henceforth, the NLUD Committee) is to review and recommend changes to the Indian Penal Code, Criminal Procedure Code and the Indian Evidence Act in 90 odd days.
In July, the Ministry of Home Affairs (MHA) constituted the Committee for Reforms in Criminal Law to undo the “colonial foundations of our criminal law”. The precise mandate of the Committee has not been put into the public domain, but it is apparent that the Committee aims to recommend an overhaul of the Indian criminal justice system.
Amidst the pandemic, India is in the process of a fundamental shift in its criminal jurisprudence. A five-member committee has been formed to take up the mission of suggesting drastic changes in the Indian Penal Code (IPC), Criminal Procedure Code (CrPC) as well the Indian Evidence Act – the three major pillars of India’s criminal law.
The Ministry of Home Affairs has commissioned a Committee for Reforms in Criminal Laws in May, to “recommend reforms in the criminal laws of the country in a principled, effective, and efficient manner which ensures the safety and security of the individual, the community and the nation; and which prioritises the constitutional values of justice, dignity and the inherent worth of the individual.”
ಕೆಲವು ವಾರಗಳ ಹಿಂದೆ, ರಾಜ್ಯದ ಸದ್ಯದ ಪರಿಸ್ಥಿತಿ ಬಗ್ಗೆ ಮಾತನಾಡುತ್ತಾ, ಖ್ಯಾತ ಸಾಹಿತಿ ಹಾಗು ವಕೀಲರಾದ ಭಾನು ಮುಷ್ತಾಕ್ ಅವರು, ಜನ ಸಂಕಷ್ಟದಲ್ಲಿರುವಾಗ, ರಾಜ್ಯ ಸರ್ಕಾರ ಬಲಶಾಲಿ ಶಕ್ತಿಗಳಿಗೆ ಅನುಕೂಲವಾಗುವ ‘ಸುಗ್ರೀವಾಜ್ಞೆಗಳ ಸುಗ್ಗಿ’ಗೆ ಮುಂದಾಗಿರುವುದನ್ನು ಖಂಡಿಸಿದರು. ಕೋವಿಡ್ ಸಮಯದಲ್ಲಿ ಕಾನೂನುಗಳನ್ನು ತಿದ್ದುಪಡಿ ಮಾಡಿ, ವ್ಯವಸ್ಥೆಯನ್ನು ಸಂವಿಧಾನದಿಂದ ದೂರ ಮಾಡಿದ ರಾಜ್ಯ ಸರ್ಕಾರ, ತನ್ನ ಸ್ವಇಚ್ಛೆಯಿಂದ ಇದನ್ನು ಮಾಡಲಿಲ್ಲ, ಬದಲಿಗೆ ದಿಲ್ಲಿಯ ಒತ್ತಡದಿಂದ ಮಾಡಿತ್ತು.
India’s criminal laws are set to see a complete overhaul. Tasked with the review is a five-member committee, appointed by the Ministry of Home Affairs. Within a few weeks of this announcement, the government-appointed panel ran into controversy with a number of senior lawyers, judges and academicians questioning its composition, process and approach.
India is undertaking what could be the biggest overhaul of all its criminal laws ever. But the committee set up by Ministry of Home Affairs to review the colonial-era laws is facing strong criticism.
The Indian law school experience revolves around the idea of submitting "projects" or "assignments". At the start of the 5 year marathon, many of us used to be petrified about the idea of failing to submit the assignment beyond the "Last Last Day" — the last permissible date for handing in the project, after the stipulated deadline.
A five-member, all-male committee constituted in May 2020 to examine India’s criminal laws, some of which hark back to British colonial rule, has run into a wall of criticism, with three public statements and letters by eminent jurists, lawyers, academics and civil society organisations (CSOs) against it.
In July, the Ministry of Home Affairs (MHA) constituted the Committee for Reforms in Criminal Law to undo the “colonial foundations of our criminal law”. The precise mandate of the Committee has not been put into the public domain, but it is apparent that the Committee aims to recommend an overhaul of the Indian criminal justice system.
The ‘Committee for Reforms in Criminal Law’, set up by the Union Home Ministry at the National Law University-Delhi has been widely criticised by the legal fraternity for, among other things, being unrepresentative by excluding criminal and constitutional lawyers, women, members of the minority community and members of the Scheduled Castes and Scheduled Tribes.
The strong critique by the legal fraternity of the Criminal Law Reform Committee set up at the National Law University by the MHA, on its composition, methodology and time-frame is a bell of caution against any attempt by this committee to dilute the procedural safeguards of individuals in the name of national security.
Activists have raised concerns regarding upcoming reforms in the criminal justice system. They allege the committee aims to strip us of our rights while sanctimoniously invoking the Constitution.
A group of retired judges, prominent advocates and academics have written to the newly constituted Committee for Reforms in Criminal Laws, questioning the lack of diversity in the panel and asking for more transparency in the functioning.
Severely Exclusionary' : Queer Feminists & Activists Seek Disbanding Of Criminal Law Reforms Committee
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Why is the Home Ministry's Committee on Criminal Law Reform Functioning in Secrecy?
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