Major overhaul of Indian legal system sparks controversy !!!

In a sweeping reform of the nation’s legal framework, the Indian government has replaced the Indian Penal Code (IPC), Criminal Procedure Code (CRPC), and Indian Evidence Act with the Indian Law Code, Indian Civil Protection Code, and a revised Indian Evidence Act. These changes, effective from July 1, have ignited widespread criticism and opposition due to their hasty implementation, lack of discussion, and potential adverse effects on justice delivery and civil liberties.

New laws introduced without adequate discussion

The Indian government has recently enacted three new laws, replacing the Indian Penal Code (IPC), Criminal Procedure Code (CRPC), and Indian Evidence Act with the Indian Law Code, Indian Civil Protection Code, and a revised Indian Evidence Act. Despite the ambitious intention behind these changes, the manner of their implementation has drawn severe criticism.

Drafting concerns and lack of consultation

Critics argue that the new laws were drafted by the Home Department instead of the Law Department, bypassing established protocol. The laws were passed without thorough debate in the Lok Sabha, and the drafts were presented only in Hindi. They were hastily sent to a Select Committee and approved in moments, leaving legal teams, judiciary members, and police officers largely unaware of the new provisions.

Impact on legal system and justice delivery

Senior lawyers predict that criminal cases could be delayed by 30 percent due to the new laws, leading to a denial of justice for thousands, particularly the underprivileged. The changes are seen as detrimental to the rights of the poor and vulnerable, potentially undermining freedom of speech, expression, and the right to dissent.

Opposition from legal community

Jurists, advocates of rights, and academics across India have voiced strong opposition to these hastily drafted laws. Lawyers’ associations are preparing to protest and boycott courts nationwide, with petitions signed by thousands set to be submitted to the Supreme Court. The opposition argues that these laws threaten lives and liberties and should not be accepted without substantial revision.

Government’s justification and promises

The government defends the new laws, stating that while previous laws focused on punishment, the new ones emphasize justice. One notable provision is the promise that judgments will be delivered within 45 days of the completion of investigations, and the acceptance of electronic oral evidence to accommodate the digital age.

Skepticism over speedy justice claims

Rights groups remain skeptical about the government’s promises of speedy justice. They highlight that approximately 67 percent of prisoners nationwide endure long waits for trial completion, doubting that the new laws will address this issue effectively.

The enactment of the Indian Law Code, Indian Civil Protection Code, and the revised Indian Evidence Act marks a significant shift in the country’s legal framework. However, the lack of consultation, hasty implementation, and potential negative impacts on justice delivery have sparked widespread controversy and opposition. The legal community’s response underscores the need for careful consideration and revision to ensure that these laws truly serve the cause of justice without infringing on the rights and freedoms of Indian citizens.