Union Law Minister Arjun Ram Meghwal spells out evolution of Indian legal system

Staff Reporter

GUWAHATI: Union Minister of State for Law and Justice Arjun Ram Meghwal, Minister of State (Independent Charge), set out the historic perspective on the evolution of the legal system in India, including the criminal laws. He highlighted how the laws in India made during colonial times ignored the Indian ethos and societal realities of then-India and were based on furthering the needs of the colonial rulers.

Speaking at the two-day conference on 'India's Progressive Path in the Administration of Criminal Justice System' at Dr. Bhupen Hazarika Auditorium, IIT Guwahati, the Union Minister cited the example of the IPC, which was brought in haste by copying the penal code then prevalent in Ireland, just by replacing the name of the country. "The emphasis on punishment and not justice in the existing laws bears testimony to this colonial bias. The new laws have attempted to correct these historic injustices and biases and make them reflective of the contemporary needs of an emerging nation and its people," the minister said, emphasising that these conferences are an attempt to not only sensitise and generate awareness about the three new laws but also to understand from legal luminaries and practitioners the areas that would require further reworking, if any, as no book of law is a static dead letter but a dynamic document.

The Chief Justice of Sikkim High Court, Justice Biswantah Somadder, said that the new Bharatiya Nagarik Suraksha Sanhita (BNSS) provides a holistic approach to dealing with crimes in the digital age. He particularly mentioned that it is very heartening to notice that the BNSS allows all trials, inquiries, and proceedings to be conducted in electronic mode, which is in keeping with the needs of the present time. The BNSS also stipulates that criminal trials must be completed in three years, and judgements must be pronounced within 45 days of being reserved. This would help in clearing the vast backlogs and speeding up the delivery of justice. He was also appreciative of the introduction of community service as punishment for lesser offences, which would strengthen the rehabilitative approach to justice.

The Chief Justice further highlighted that while the three criminal laws create provisions that are synchronised to our times, these will also be harbinger for bringing further changes in tune with time and upholding the constitutionality in the country. There is no finality to any law or the manner of its implementation.

Dr. Rajiv Mani, Secretary, Department of Legal Affairs, Ministry of Law and Justice, said this conference and gathering are not only for the purpose of discussion of the three new criminal laws but also to embrace and take pride in our roots. He highlighted the background of the enactment of the three criminal laws and how it unshackles the legal structure and framework created by the British and is meant to perpetuate British rule in India on the ostentatious ground of establishing the rule of law. The existing criminal laws, which trace their origins to the colonial era, need to come out and define the state-citizen relationship not based on colonial prejudices and practices but on the principles of access to justice for all. The three laws have therefore been enacted to overhaul the criminal justice system in the country and make it citizen-centric. He highlighted that the North East region of India, which comprises eight states with their own distinct histories and identities, has always played an important role in the development of the country.

The Chief Secretary of the Government of Assam, Ravi Kota, thanked the Union Ministry of Law and Justice for choosing Guwahati to hold this important conference, which has the potential to create tremendous impact  among the stakeholders not only in the state but also in the entire region. He also pledged all support of the government of Assam towards successful implementation and further awareness generation about the three new laws and worked in coordination with the central government.

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