Kerala High Court Judge K. Babu has expressed concerns over several critical aspects regarding the newly enacted criminal laws in the country.
Inaugurating a panel discussion on ‘New criminal laws – A watershed moment for criminal justice’ organised by the Thiruvananthapuram Rural District Police here on Saturday, Justice Babu emphasised the need for careful Constitutional interpretation of certain provisions within the new laws.
He also cautioned that the constitutional courts might face challenges in interpreting the intent of these laws due to the lack of thorough Parliamentary discussions prior to their enactment.
Delayed justice
Justice Babu also underscored the significant delays in the justice system, which he attributed to inadequacies in the current legal infrastructure. He observed that Article 21 of the Indian Constitution guarantees the right to a speedy trial, yet delays are prevalent from the investigation stage onwards. He also pointed out the disparity in the police-to-population ratio, which stands at 150 per 1 lakh people in India, compared to the United Nations’ recommendation of 222 per 1 lakh.
He was also critical of the lack of implementation of the Supreme Court’s Prakash Singh judgment on separating law and order from investigative functions within the police. He remarked the new criminal laws do not address these concerns or provide provisions for the necessary separation.
The judge also highlighted the low judge-to-population ratio of 20 per 10 lakh people in India, contributing to the backlog of nearly 5 crore cases nationwide. Under such circumstances, the new laws do not include measures to expedite the disposal of pending cases, which exacerbate delays, including in the trial of serious offences awaiting Forensic Science Laboratory reports.
Positive steps
He went on to acknowledge some positive aspects of the new laws, such as the audio and video recording of crime scenes, time limits for investigations and trials, provisions for victim statements to be taken by female magistrates in sexual offence cases, and witness and victim protection schemes.
While praising such victim-centric elements, he raised concerns about the increased powers granted to the police under the new legislation. He feared there could be misuse of certain provisions such as Section 152 of the Bharatiya Nyaya Sanhita that concerns actions endangering the sovereignty, unity and integrity of the country. The provision, Justice Babu pointed out, has undefined parameters and severe penalties of up to life imprisonment. Such powers should be exercised with utmost caution in a constitutional democracy.
District Police Chief (Thiruvananthapuram City) G. Sparjan Kumar presided over the inaugural session. District Police Chief (Thiruvananthapuram Rural) Kiran Narayanan also spoke. Thiruvananthapuram District Sessions Judge P.V. Balakrishnan and Forensic Science Laboratory Director Pradeep Saji K. were among those who participated in a panel discussion held later.
