(https://www.thehindu.com/opinion/op-ed/a-road-map-for-criminal-justice-reforms/article29760563.ece/amp/) &(https://economictimes.indiatimes.com/blogs/cursor/why-there-is-an-urgent-need-to-reform-indias-judicial-system/). This article is a an attempt to iterate the urgently needed reforms and put up an agenda for reform of Indian legal system.
Purpose of Reform:
1. Impact of reforms: Need for legal impact analysis
2. Faster and efficient procedure
3. Evolving Criminal Justice administration as a service to society rather than as an instrument of sovereign authority.
4. Transparency in procedures.
5. Better respect to rights of:
5.1. Victims and their relatives and those interested in their welfare.
5.2. Witnesses.
5.3. Accused, their relatives and those interested in reforming and integrating criminal into society as a person useful to society
5.4. Law Enforcement officials and their families.
5.5. Judiciary
5.6. Law Implementation officials and their families.
5.7. Society as a whole.
6. Restoring faith in justice administration system.
7. Evolution of clear and measurable goals in each limb of criminal justice administration.
8. Introduction of social auditing into criminal justice administration without succumbing to mob psychology.
9. Providing protocols for adaptation of technological advance in evidence collection and presentation before judicial forums automatically.
10. Adaptation of justice administration system to the changing pace of social expectations.
Reform Agenda Bullets:
1. Simple, uncomplicated and understandable language.
2. Simplified procedure in:
2.1. Arrest
2.2. Bail:
2.3. Processes
2.4. Trial
2.4.1. Appearance of parties including summons.
2.4.2. Pre trial procedure.
2.4.3. Trial procedure
2.4.2. Post trial procedure.
3. Integrating technology into criminal justice administration to:
3.1. Transparency
3.2. Simplicity:
3.4. Efficacy
3.5. Costs
Technology has low shelf life. It is most important that there should be a protocol where technology is prima facie relied and used rather than suspected. The orientation of our justice administration system should be to accept technology till it is proved disadvantageous or tampered. Ideally the provisions of Evidence Act should be amended to incorporate this principle and restrictive provisions should be removed. Suggested wordings are:
It shall be presumed that all products of technology and all electronic documents and electronic and software imagery, audio and video products accurately gives the outcomes that they are intended to and promises to achieve unless it is proved other wise.
3.6. Eliminating unnecessary exercise of discretion to avoid delays.
3.7. Faster dispensation of justice.
3.8. Avoiding unnecessary deployment/ use of human resources.
3.9. Reducing unnecessary clerical work.
4. Improving and simplifying the court procedures and structures.
5. Simplified procedure for accepting evidence.
6. Reform of bail mechanism to ensure:
6. 1. Liberty of individual irrespective of financial and/or social status
6.2. Purposive use of bail to ensure liberty.
6.3. Simplified bail procedures
6.4. Avoiding unnecessary detention.except where:
6.4.1. Accused has the potential
6.4.1.a. to harm the victim
6.4.1.b. tamper with evidence.
6.4.1.c. abscond from process of law.
6.5. Managing productivity of undertrial prisoners.
7. Better methods for identification of persons involved in all stages of criminal justice administration.
8. Better management of victim expectations in the justice administration mechanism.
9. Management of reputation and privacy of all parties in criminal justice administration including victims, accused, witnesses, law enforcement, judiciary and prison management officials.
10. Avoiding multiple recitals of their trauma by victims by use of technology.
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