Indian Criminal Justice System Reforms Essay

Introduction

Throughout world history, numerous criminal injustices have been witnessed. In most parts of the world, security officials have been blamed for perpetuating injustices against human rights. However, India is prone to criminal activities due to the harsh economic times. As a result, the security system always faces the challenge of implementing the law and respecting human rights. In as much as some human rights activists often complain of the violation of the rights by the justice system, India’s criminal system has faced significant changes since colonial times to the present. The Indian criminal justice field reforms were closely associated with social changes that shifted the focus from archaic rituals to more modern regulatory principles, with the introduction of an updated criminal justice system with juries and credible representatives; the law was the significant advancements.

History of Criminal Justice System

Religious Governance

Initially, the natives relied on religious laws to govern themselves. For instance, Muslims were punished according to the Islamic laws while Hindus were punished according to their customs. Nevertheless, Ahmad illustrates that Muslim rules prevailed over other religious practices because it was the most popular religion. ¹However, criminal justice was modified by the regulations and customs of the Mughal administration.

British Colonial

• Queen Elizabeth granted a royal charter to the English East India Company to enact laws in their territory; however, the rules were not supposed to contradict England’s.
• The subsequent charters of 1609 and 1661 empowered the company and allowed it to make its laws without England’s interference.
• The 1726 charter empowered the councils and governors to make by-laws that could control the activities taking place within their territory. The laws also allowed them to instill penalties and pain to those who disobeyed the regulations imposed.² However, the pain and punishment would be reasonable and conform to the laws that governed England. The charter also introduced the mayor’s court in several towns within India.
• The criminal laws that were initially derived from the Muslim values started to lose weight when the British regulations began to take effect.

Panchayat System

After the degradation of the traditional Muslim laws, Wilk attempted to revive the panchayat system of trial. He encouraged the rulers in India to equip themselves with Hindoo Panchayet to help govern India effectively.³ Wilk acknowledged that India needed leaders who were well conversant with the traditions and methods of conflict resolution since the regulations imposed by the colonial masters were receiving a lot of resistance, and in some cases, it failed to work.⁴ He wanted to revive the ancient Indian institutions because he was inspired by Malcolm, an advocate of the panchayat system.⁵ Malcolm believed in two aspects of panchayat:

The serving of justice through investigations conducted by tribunals and the results transmitted for a chief ruler for justice dispensation⁶.

Formation of independent tribunals to mediate and arbitrate.

Sir Thomas Munro also advocated for common law in India, and Punchayet was recommended as the applicable law of governance. The plan was adopted in 1814 after the courts experienced a backlog of cases.⁷

The East India Judges Act

• The act harmonized the salaries and pensions of juries across India.
• It promoted an inquiry into juries’ role and function across India, resulting in Jury bill introduction.
• The Juries Act allowed only Christians to form part of the jury as locals were viewed as biased individuals.

Modern India Criminal Justice System

• The legal system can be traced back to the Roman empire, where people were required to act according to the law.⁸ In ancient Rome, the courts interpreted the rules and punished the offenders who were brought to them using legal means.⁹ The legal idea conceived in Rome has been used by several generations and currently influences the justice system across the globe.
• After the gain of independence in 1947, the power was vested to Indians. However, the country was again faced with the issues of criminal injustices.¹⁰Access to fair justice has been difficult for several decades, even though the constitution provides a framework for protecting citizens’ rights.
• The Planning Commission of India has established a working group to help the justice department create a 12th five-year plan. The recommendations suggested by the working group include:
  • strengthening of Alternate Dispute Resolution system;
  • increased funding to the judicial system;
  • establishing morning and evening special courts;
  • enhancing ICT to develop an innovative e-Court system.
• The constitution has strengthened the laws that affect establishing an independent judicial system and an active civil society.
• The establishment of The National Legal Services Authority (NALSA) in 1987 has enabled many poor Indians to access free legal services.
• The Department of Justice has collaborated with United Nations Development Program to ensure that the justice system is sustainable and able to adhere to the principles of equality, liberty, and fraternity.¹¹
• However, the judicial system has worsened over the years despite the numerous actions to provide quality service. The poor delivery of services is caused by enormous backlogs, delays, and judicial pendency.¹² According to Mudgal, the political class prefers a judiciary to easily manipulate to champion their interests because most of them face criminal charges.¹³ As a result, the police reforms have not been implemented, and numerous supreme court rulings have been violated.
• The prisons across India are currently overcrowded due to the numerous criminals that are jailed. The judicial systems are also overwhelmed, and police brutality shows that the legal aid’s right stipulated in the constitution is far from being achieved.

Conclusion

Succinctly, the criminal justice system has changed significantly over the past decades. The government has formed a partnership with international bodies to ensure that the country meets the modern democratic countries’ justice system’s standards. Although several reforms have been made, numerous challenges are affecting the full implementation of the system. For instance, the political class has systematically weakened the judiciary, and at times the court rulings are not obeyed.

Bibliography

Ahmad, Sk Ehtesham Uddin. “Colonial Reshaping of Criminal Law Before the Code of 1860.” Proceedings of the Indian History Congress 73 (2012): 553-62.

Ganguly, Chawm. 2012. “Dr. Ashwani Kumar Inaugurates International Conference on Equitable Access to Justice: Legal Aid and Legal Empowerment.” Core Sector Communique. Web.

Jaffe, James A. “Custom, Identity, and the Jury in India, 1800-1832.” The Historical Journal 57, 1 (2014): 131-55.

May, Larry. Ancient Legal Thought: Equity, Justice, and Humaneness from Hammurabi and the Pharaohs to Justinian and the Talmud. Cambridge: Cambridge University Press, 2019.

Mudgal, Vipul. 2019. “Reforming India’s Broken Criminal Justice System.” The Hindustan Times. Web.

Shahidullah, Shahid M. Crime, Criminal Justice, and the Evolving Science of Criminology in South Asia. London: Palgrave Macmillan UK, 2017.

United Nations Centre Against Apartheid. Special Committee on Apartheid Hears Judge William H. Booth: New York: Department of Political and Security Council Affairs, 1971.

Footnotes

1. Sk Ehtesham Uddin Ahmad. “Colonial Reshaping of Criminal Law Before the Code of 1860.” Proceedings of the Indian History Congress 73 (2012): 553.
2. Ibid, p.554
3. James A. Jaffe, “Custom, Identity, and the Jury in India, 1800-1832.” The Historical Journal 57, no. 1 (2014): 138.
4. Shahid M. Shahidullah, Crime, Criminal Justice, and the Evolving Science of Criminology in South Asia. London: Palgrave Macmillan UK, 2017. “Full Footnote.”
5. James A. Jaffe, “Custom, Identity, and the Jury in India, 1800-1832,” The Historical Journal 57, no. 1 (2014): 139.
6. Ibid, p.140.
7. Ibid, p.142.
8. Shahidullah, Criminal Justice. “Abbreviated Footnote.”
9. Larry May, “Ancient Legal Thought: Equity, Justice, and Humaneness from Hammurabi and the Pharaohs to Justinian and the Talmud,” Cambridge: Cambridge University Press, 2019.
10. Chawm Gangluly, 2012. “Dr. Ashwani Kumar Inaugurates International Conference on Equitable Access to Justice: Legal Aid and Legal Empowerment,” Core Sector Communique.
11. United Nations Centre Against Apartheid. Special Committee on Apartheid Hears Judge William H. Booth: New York: Department of Political and Security Council Affairs, 1971.
12. Mudgal, Vipul. 2019. “Reforming India’s Broken Criminal Justice System,” The Hindustan Times.
13. Ibid.