justice series (feature)

Will Do the Criminal Justice?

Government of India set up the committee to draft National Policy on Criminal Justice (NPCJ Committee) on May 3rd, 2006 under the chairman ship of Prof. N.R. Madhav Menon. The committee was set up to upgrade the Criminal Justice System in tune with time. The terms of reference set by the Ministry dwells upon the citizen’s expectation from criminal justice which must guarantee minimum security of life, and property. The terms expected recommendation on policy changes in law institutions and administration.

The committee had sixteen meetings and six regional constitution meetings with institutions meeting’s with stake holders and interacted with experts from law, administration, media, and social work academies. The major focus of the committee was on problems associated with criminal justice system as such. These are:

• Proper system of registration of crime by means of recording FIR. • The norms, standards and procedures relating to arrest. • Rights of accused. • Police reforms
• Balance between the offender, victim and society. Specially considering the molestation/ rape victim, child abuse cases, paedophilic offences etc
• The gradations of offences were badly required as people with minor offences languish in jail as no bail guarantor is available. There were offences which do not cause injury to individual but morally breaks the social code. These types of offences required correctional action. The balance between gravity of offence and corresponding punishment is required as a natural justice. The economic crimes have largely remained ignored in the country
• The trial by the judiciary is meant to be a truth finding activity which should have been the function of judges. The mechanical display of evidence, presumption or technicality becomes irrelevant.
• The requirement of a building in every district of the country which must provide proper space and planning for judicial system is a must.
• Witness Protection
• Conviction rate being very low 0.5% which shows prosecution weakness and problem with judiciary. There is enormous delay in filing chargesheets and the time when trial begins
• Conviction rate being very low 0.5% which shows • Prison conditions are bad. There is no separate under trial cells in prison.
• The jails have become a burden on tax payer. Every prison in the country is overcrowded, operated by a mafia and worst example of civil and police administration collusion. Otherwise as a system was created for deterrence and correctional of prisoners.
• None of the prison is computerized and IT power India fail to provide video link in courts and prisons.

The report has been criticized by a section of press as a utopian concept which politician will never implement. But in my opinion this is the only report which can be implemented easily with the cooperation of Central government, State governments, senior police officials and IT professionals despite politicians as projected by national papers.

Next